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BEECH v. HERCULES DRILLING COMPANY, L.L.C.

No. 11-30415.

691 F.3d 566 (2012)

Amanda BEECH, individually and as tutrix, guardian of her minor child, Jax Delton Beech, Plaintiff-Appellee Cross-Appellant, v. HERCULES DRILLING COMPANY, L.L.C., Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

August 14, 2012.

Attorney(s) appearing for the Case

George William Healy, IV (argued), George W. Healy IV & Associates, Gulfport, MS, for Plaintiff-Appellee Cross-Appellant.

David Sinnott Bland (argued), Matthew C. Guy , LeBlanc Bland, P.L.L.C., New Orleans, LA, for Defendant-Appellant Cross-Appellee.

Before REAVLEY, ELROD and HAYNES, Circuit Judges.

JENNIFER WALKER ELROD, Circuit Judge:

This case requires us to decide whether vicarious liability principles under the Jones Act allow a seaman's wife to recover from her husband's employer for the bizarre events that led to his tragic and untimely death. Keith Beech died after his co-worker, Michael Cosenza, accidentally shot him aboard a Hercules-owned vessel. The district court determined that Cosenza was acting in the course and scope of his employment at the...

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