A federal appellate court ruled that the estate of a diver who was killed while cleaning the hull of a yacht could not pursue a viable wrongful death claim against the vessel owner.
Case: Brizo LLC v. Carbajal, No. 20-11204, 10/29/2021, unpublished.
Facts: Brizo LLC owns the M/V Honey, a 164-foot yacht. Brizo contracted with Eastern Marine Services, a commercial diving company, to clean the yacht’s hull.
Eastern Marine sent an email to the ship’s captain indicating that the cleaning was tentatively scheduled for 7 p.m. on June 26, 2018. The email noted that this was an &ldq...
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