Beasley v. McDermott International Inc.
Beasley v. McDermott International Inc.
Opinion of the Court
We granted certiorari to consider the issue of whether the substantive maritime law of the United States or foreign law is to be applied in this case.
Plaintiff George Beasley, a U.S. citizen, was injured while working in Malaysian waters aboard the Derrick Barge 52 (DB-52) owned by Malmac Sdn. Bhd. (Malmac), a Malaysian Corporation. Malmac is 70% owned by Malaysians and 30% by McDer-mott International, Inc. (Mil). Mil is a foreign corporation registered under the laws of Panama. The DB-52 is a non-self-propelled barge that is registered under the laws of Malaysia and operates principally in Malaysian Waters.
Prior to plaintiffs injury he signed an employment contract with Mil on November 20, 1990. That agreement was apparently signed by Beasley while aboard another derrick barge, the DB-26, while working off the Malaysian coast.
Summarizing, plaintiff is a U.S. Citizen employed by a Panamanian Corporation, who was injured while working on a Malaysian vessel, in the territorial waters |gof Malaysia. The issue is whether, under these facts, the plaintiff can recover under the Jones Act and U.S. general maritime law in his lawsuit filed against Mil in Civil District Court.
Two U.S. Supreme Court cases, Lauritzen v. Larsen, 345 U.S. 571, 73 S.Ct. 921, 97 L.Ed. 1254 (1953) and Hellenic Lines Limited v. Rhoditis, 398 U.S. 306, 90 S.Ct. 1731, 26 L.Ed.2d 252 (1970), are controlling.
In Powell, supra, ftn. 3, our Supreme Court analyzed the Lauritzen v. Rhoditis factors and concluded no one factor is controlling. The court, however, recognized that the “law of the flag (meaning the country where a vessel is registered) is perhaps the most important factor_” Id. at 87. It also recognized that the allegiance or domicile of the injured plaintiff is an important “counterweight” to the law of the flag.
In the case before us, the law of the flag and the plaintiffs domicile equally counterbalance each other. However, unlike Powell, all of the other factors (except perhaps, law of the forum, which Lauritzen noted carried little weight) favor application of Malaysian
REVERSED AND REMANDED.
. Neither personal jurisdiction over defendant, nor forum non conveniens are issues in this writ application.
. Previous to this contract, Beasley had been working under a contract that had been executed in the United States.
.Federal substantive admiralty or maritime law controls. See, Powell v. McDermott International, 588 So.2d 84 (La. 1991).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.