McHenry v. Asylum Entertainment Delaware, LLCAnnotate this Case
After a seaman's hands were injured on a commercial fishing vessel out on the Gulf of Mexico and he ultimately loss some of his fingers due to infection, he filed suit against the vessel's owner and the production company that was filming a reality TV show on the vessel.
The Court of Appeal affirmed the trial court's grant of summary judgment to the production company, holding that the production company was not liable under the Jones Act because plaintiff was not an "employee" or a "borrowed servant" to the production company. The court declined to construe the borrowed servant doctrine in the maritime context to impose a duty upon passengers and observers on a vessel to undertake acts inconsistent with the orders of the vessel's captain. The court also held that the production company was not liable under maritime tort law because there were not genuine issues of material fact as to whether the production company had a "special relationship" with plaintiff, the production company's rescue attempts were grossly negligent, and the production company acted negligently in taking charge of a "helpless" person.