FURKA v. GREAT LAKES DREDGE & DOCK CO., INC.

No. 83-1542.

755 F.2d 1085 (1985)

Deborah FURKA, Administratrix of the Estate of Paul Furka, deceased, Appellant, v. GREAT LAKES DREDGE & DOCK COMPANY, INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 26, 1985.


Attorney(s) appearing for the Case

Leonard C. Jaques, Detroit, Mich. (Jaques Admiralty Law Firm, P.C., Detroit, Mich., on brief), for appellant.

Warren B. Daly, Jr., Baltimore, Md. (M. Hamilton Whitman, Jr., Ober, Kaler, Grimes & Shriver, Baltimore, Md., on brief), for appellee.

Before RUSSELL, PHILLIPS and WILKINSON, Circuit Judges.


WILKINSON, Circuit Judge:

This is an action brought for negligence under the Jones Act and for unseaworthiness under general maritime law involving an alleged rescue attempt by appellant's decedent of a fellow employee on the Chesapeake Bay. During that attempt, the would-be rescuer was swept by the waves from his boat and drowned. We hold that the trial court's failure to give a proper rescue charge to the jury constitutes plain error and requires reversal despite...

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