Magazine article Security Management

Negligence

Magazine article Security Management

Negligence

Article excerpt

Negligence. The U.S. Court of Appeals for the Fifth Circuit has held that an injured seaman can pursue his negligence case against his employer. The court ruled that the circumstances of the case--which involved charges of a violation of a corporate zero-tolerance policy and failure to secure against a threat--provided enough evidence to proceed with the case.

The seaman in the case, Robert Hasty, was working for Trans Atlas aboard a cargo vessel. One day, Leroy Brown, a deckhand on the same vessel, came aboard intoxicated and was told by the vessel captain, Henry Kopsywa, to go to his bunk and "sleep it off." In his bunk, however, Brown became violent and attacked a coworker, Jerry Rudolph. Kopsywa fired Brown and ordered him off the vessel.

The harbor police were called and Brown was escorted off the boat. Later, however, Brown snuck away from the police and reboarded the vessel. He sought out Rudolph and continued the fight. Hasty, who was standing nearby, intervened. Brown swung at Hasty and then lost his balance. Both men fell to the deck. Hasty's leg was severely injured.

Hasty sued Trans Atlas for negligence, claiming that Kopsywa allowed the intoxicated Brown to enter the vessel initially and then took no security measures to prevent Brown from returning. …

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