Suits in Admiralty Act/Federal Tort
Claims Act
The following are digests and case links to
Circuit Court Admiralty Cases that have as an issue the Suits in Admiralty
Act/Federal Tort Claims Act.
Hurd
v. United States
Fourth Circuit Court of Appeals
April 25, 2002
Suits in Admiralty Act: In the early
morning hours of December 29, 1997, the S/V MORNING DEW sank after colliding
with the north jetty leading into the Charleston Harbor. None of the passengers
onboard the thirty-four foot sailboat survived. The Coast Guard was properly
found liable for the deaths by undertaking to render aid to the passengers
of the MORNING DEW and for recklessly and wantonly terminating that aid
in a manner that worsened the decedents' positions.
Ayers
v. United States
Sixth Circuit Court of Appeals
January 17, 2002
Suits in Admiralty Act/Statute of Limitations:
Since Plaintiff executor's claim that the United States was negligent when
an Army Corps of Engineers lock master operated a lock on the Kentucky
River causing the decedent to drown was within the court's admiralty jurisdiction,
Plaintiff's exclusive remedy against the United States is governed by the
Suits in Admiralty Act, 46 U.S.C.App. §§ 741-752 ("SAA"). Actions
under the SAA are subject to a two-year statute of limitations and failure
to bring an action under the SAA within two years following an injury deprives
federal courts of subject matter jurisdiction. Since Plaintiff's Complaint
was filed more than two years after the drowning, the district court properly
dismissed the action for lack of jurisdiction. Filing an administrative
claim within the two year period under the Federal Tort Claims Act will
not equitably toll the limitations period under the SAA.
Pearce
v. United States
Sixth Circuit Court of Appeals
August 23, 2001
Suits in Admiralty Act: While the Corps
of Engineers had a duty to warn boaters of the dangers around an operating
dam, it satisfied that duty by posting nine clearly-visible warning signs
and including a warning on the navigational chart that highlighted the
taildeck area of the dam as a "Danger Zone." Further, although it had installed
a warning horn near the dam that was not working at the time of the accident
where two boaters drowned, it did not violate the Good Samaritan Doctrine
because, first, the Corps had previously determined that warning signs
provided ample warning and, second, the system was not active because of
high water damage.
Sanko
Steamship v. United States
Ninth Circuit Court of Appeals
November 29, 2001
Suits in Admiralty Act/Federal Tort Claims
Act: The district court's finding that the United States was immune
from suit under the Flood Control Act, 33 U.S.C. § 702, for a failure
to warn of a shoal in the Sacramento Deepwater Ship Channel is reversed
and remanded for further proceedings in view of the Supreme Court's decision
in Central
Green Co. v. United States, 531 U.S. 425 (2001), which established
a more restrictive test for determining sovereign immunity. |