United States Supreme Court Cases & Opinions

U.S. Supreme Court

Jackson v. Lykes Bros. Steamship Co., Inc., 386 U.S. 731 (1967)

Jackson v. Lykes Bros. Steamship Co., Inc.

No. 575

Argued April 12, 1967

Decided May 8, 1967

386 U.S. 731

Syllabus

A longshoreman, employed on respondent's ship in navigable waters, died from inhalation of noxious gases. Petitioner, his widow, claimed that death was caused by respondent's negligence in operating the ship or by the ship's unseaworthiness. Respondent's motion to dismiss on the ground that § 5 of the Longshoremen's and Harbor Workers' Compensation Act provided the exclusive remedy was sustained by the Louisiana trial court. The state appellate court affirmed, and the Louisiana Supreme Court denied certiorari.

Held: A longshoreman employed on a ship, whether by an independent stevedoring company or by the shipowner, can recover for the unseaworthiness of the ship, Reed v. The Yaka, 373 U. S. 410, and the judgment is reversed and remanded for adjudication to the Louisiana courts, which have broad jurisdiction of such admiralty cases. Pp. 386 U. S. 733-736.

249 La. 460, 187 So.2d 441, reversed and remanded.