Edmonds v. Compagnie Generale Transatlantique
Edmonds v. Compagnie Generale Transatlantique
Opinion of the Court
delivered the opinion of the Court.
On March 3, 1974, the S.S. Atlantic Cognac, a container-ship owned by respondent, arrived at the Portsmouth Marine Terminal, Va. Petitioner, a longshoreman, was then employed by the Nacirema Operating Co., a stevedoring concern that the shipowner had engaged to unload cargo from the vessel. The longshoreman was injured in the course of that work, and he received benefits for that injury from his employer under the Longshoremen’s and Harbor Workers’ Compensation Act. 44 Stat. 1424, as amended, 33 U. S. C. § 901 et seg. In addition, the longshoreman brought this negligence action against the shipowner in Federal District Court.
A jury determined that the longshoreman had suffered total damages of $100,000, that he was responsible for 10% of the total negligence resulting in his injury, that the stevedore’s fault, through a co-employee’s negligence, contributed 70%, and that the shipowner was accountable for 20%.
The United States Court of Appeals for the Fourth Circuit, with two judges dissenting, reversed en banc, holding that the
I
Admiralty law is judge-made law to a great extent, United States v. Reliable Transfer Co., 421 U. S. 397, 409 (1975); Fitzgerald v. United States Lines Co., 374 U. S. 16, 20 (1963), and a longshoreman’s maritime tort action against a shipowner was recognized long before the 1972 Amendments, see Pope & Talbot, Inc. v. Hawn, 346 U. S. 406, 413-414 (1953), as it has been since.
We first held that the shipowner could not circumvent the exclusive-remedy provision by obtaining contribution from the concurrent tortfeasor employer. Halcyon Lines v. Haenn Ship Ceiling & Refitting Corp., 342 U. S. 282 (1952); Pope & Talbot, Inc. v. Hawn, supra; see Cooper Stevedoring Co. v. Fritz Kopke, Inc., 417 U. S. 106, 111-113 (1974). As a matter of maritime law, we also held that a longshoreman working on a vessel was entitled to the warranty of seaworthiness, Seas Shipping Co. v. Sieracki, 328 U. S. 85, 94 (1946), which amounted to liability without fault for most onboard injuries.
Against this background, Congress acted in 1972, among other things,
“In the event of injury to a person covered under this chapter caused by the negligence of a vessel, then such person, or anyone otherwise entitled to recover damages by reason thereof, may bring an action against such vessel as a third party in accordance with the provisions of section 933 of this title, and the employer shall not be liable to the vessel for such damages directly or indirectly and any agreements or warranties to the contrary shall*263 be void. If such person was employed by the vessel to provide stevedoring services, no such action shall be permitted if the injury was caused by the negligence of persons engaged in providing stevedoring services to the vessel.” 33 U. S. C. §905 (b).
The Court of Appeals described the perceived conflict in this fashion:
“The first sentence says that if the injury is caused by the negligence of a vessel the longshoreman may recover, but the second sentence says he may not recover anything of the ship if his injury was caused by the negligence of a person providing stevedoring services. The sentences are irreconcilable if read to mean that any negligence on the part of the ship will warrant recovery while any negligence on the part of the stevedore will defeat it. They may be harmonized only if read in apportioned terms.” 577 F. 2d, at 1155.
For a number of reasons, we are unpersuaded that Congress intended to upset a “long-established and familiar principle]” of maritime law by imposing a proportionate-fault rule. Cf. Isbrandtsen Co. v. Johnson, 343 U. S. 779, 783 (1952).
A
In the first place, the conflict seen by the Court of Appeals is largely one of its own creation. Both sides admit that each sentence may be read so as not to conflict with the other. The first sentence addresses the recurring situation, reflected by the facts in this case, where the party injured by the negligence of the vessel is a longshoreman employed by a steve-doring concern. In these circumstances, the longshoreman may sue the vessel as a third party, but his employer, the stevedore, is not to be liable directly or indirectly for any damages that may be recovered. This first sentence overrules Ryan and prevents the vessel from recouping from the
The second sentence of the paragraph is expressly addressed to the different and less familiar arrangement where the injured longshoreman loading or unloading the ship is employed by the vessel itself, not by a separate stevedoring company— in short, to the situation where the ship is its own stevedore.
Respondent insists that, even though the two sentences may deal with different business arrangements, problems still arise. If under the first sentence a third-party suit against the vessel is authorized when any part of the negligence causing the injury is that of the vessel, it is argued that suit against the vessel under the second sentence should be barred when any part of the negligence causing the injury is that of a coworker also providing stevedoring services to the vessel. Under this interpretation, the employee of the independent stevedore could recover from the ship where the stevedore was responsible for 99% of the negligence, though a ship’s employee performing stevedoring services could not hold the vessel liable if his co-worker’s negligence was the slightest cause of the injury.
Aside from the fact that the problem suggested would arise only in the application of the second sentence, which is not involved in this case, the argument that the words “caused by the negligence of” in the two sentences must be given the same meaning and that they cannot have the meaning ascribed to them by petitioner’s construction of the first sentence, logically leads to the conclusion that the injured
This leaves the question of the measure of recovery against a shipowner, whether or not it is doing its own stevedoring, when as shipowner it is only partially responsible for the negligence, but we are quite unable to distill from the face of the obviously awkward wording of the two sentences any indication that Congress intended to modify the pre-existing rule that a longshoreman who is injured by the concurrent negligence of the stevedore and the ship may recover for the entire amount of his injuries from the ship.
B
The legislative history strongly counsels against the Court of Appeals’ interpretation of the statute, which modifies the longshoreman’s pre-existing rights against the negligent vessel. The reports and debates leading up to the 1972 Amendments contain not a word of this concept.
C
Finally, we note that the proportionate-fault rule adopted by the Court of Appeals itself produces consequences that we doubt Congress intended. It may remove some inequities, but it creates others and appears to shift some burdens to the longshoreman.
As we have said, § 905 permits the injured longshoreman to sue the vessel and exempts the employer from any liability to the vessel for any damages that may be recovered. Congress clearly contemplated that the employee be free to sue the third-party vessel, to prove negligence and causation on the vessel’s part, and to have the total damages set by the court or jury without regard to the benefits he has received or to which he may be entitled under the Act. Furthermore,
Under this arrangement, it is true that the ship will be liable for all of the damages found by the judge or jury; yet its negligence may have been only a minor cause of the injury. The stevedore-employer may have been predominantly responsible ; yet its liability is limited by the Act, and if it has lien rights on the longshoreman’s recovery it may be out-of-pocket even less.
Under the Court of Appeals’ proportionate-fault rule, however, there will be many circumstances where the longshoreman will not be able to recover in any way the full amount of the damages determined in his suit against the vessel. If, for example, his damages are at least twice the benefits paid or payable under the Act and the ship is less than 50% at fault, the total of his statutory benefits plus the reduced recovery from the ship will not equal his total damages. More generally, it would appear that if the stevedore’s proportionate fault is more than the proportion of compensation to actual damages, the longshoreman will always fall short of recovering the amount that the factfinder has determined is necessary to remedy his total injury, even though the diminution is due not to his fault, but to that of his employer.
But the impact of the proportionate-fault rule on the longshoreman does not stop there. Under § 933 (b), an administrative order for benefits operates as an assignment to the stevedore-employer of the longshoreman’s rights against the third party unless the longshoreman sues within six months. And a corresponding judicially created lien in the employer’s
Some inequity appears inevitable in the present statutory scheme, but we find nothing to indicate and should not presume that Congress intended to place the burden of the inequity on the longshoreman whom the Act seeks to protect.
II
Of course, our conclusion that Congress did not intend to change the judicially created rule that the shipowner can be made to pay all the damages not due to the plaintiff’s own negligence does not decide whether we are free to and should change that role so as to make the vessel liable only for the damages in proportion to its own negligence. Indeed, some amici in support of respondent share the view that Congress did not change the rule but argue that this Court should do so. We disagree.
Though we recently acknowledged the sound arguments supporting division of damages between parties before the court on the basis of their comparative fault, see United States v. Reliable Transfer Co., 421 U. S. 397 (1975),
Accordingly, we reverse the judgment below and remand for proceedings consistent with this opinion.
It is so ordered.
The District Court set aside a jury verdict for the longshoreman in an earlier trial because of errors in the jury instructions.
The plaintiff’s negligence is not an absolute bar to recovery under maritime law, which accepts the concept of comparative negligence of plaintiff and defendant. Pope & Talbot, Inc. v. Hawn, 346 U. S. 406, 408-409 (1953); The Max Morris, 137 U. S. 1, 15 (1890); see n. 23, infra.
A panel of the Court of Appeals had earlier reached a similar conclusion. 558 F. 2d 186, 193-194 (1977); see n. 26, infra.
Zapico v. Bucyrus-Erie Co., 579 F. 2d 714, 725 (CA2 1978); Samuels v. Empresa Lineas Maritimas Argentinas, 573 F. 2d 884, 887-889 (CA5 1978), cert. pending, No. 78-795; Dodge v. Mitsui Shintaku Ginko K. K. Tokyo, 528 F. 2d 669, 671-673 (CA9 1975), cert. denied, 425 U. S. 944 (1976); Shellman v. United States Lines, Inc., 528 F. 2d 675, 679-680 (CA9 1975), cert. denied, 425 U. S. 936 (1976). See also Cella v. Partenreederei MS Ravenna, 529 F. 2d 15, 20 (CA1 1975) (indicating agreement with Dodge, supra), cert. denied, 425 U. S. 975 (1976); Marant v. Farrell Lines, Inc., 550 F. 2d 142, 145-147 (CA3 1977) (discussing but reserving the issue); id., at 147-152 (Van Dusen, J., concurring) (expressing concern over validity of apportionment of damages).
See also Northeast Marine Terminal Co. v. Caputo, 432 U. S. 249 (1977); Director, Workers’ Compensation Programs v. Rasmussen, 440 U. S. 29 (1979); P. C. Pfeiffer Co. v. Diverson Ford, No. 78-425 (to be reargued October Term 1979).
Title 33 U. S. C. § 933 (a), which was unchanged in 1972, states that when a longshoreman “determines that some person other than the employer or a person or persons in his employ is liable in damages, he need not elect whether to receive . . . compensation or to recover damages against such
See, e. g., Cooper Stevedoring Co. v. Fritz Kopke, Inc., 417 U. S. 106, 108, 113 (1974) (longshoreman could have recovered entire damages from shipowner responsible for 50% of the total fault); Halcyon Lines v. Haenn Ship Ceiling & Refitting Corp., 342 U. S. 282, 283 (1952) (shipowner responsible for 25% of negligence required to pay 100% of damages, and contribution unavailable from negligent shoreside contractor, an employer under the Act). See also The Atlas, 93 U. S. 302 (1876); The Juniata, 93 U. S. 337 (1876). We stated the common-law rale in The Atlas and adopted it as part of admiralty jurisprudence: “Nothing is more clear than the right of a plaintiff, having suffered such a loss, to sue in a common-law action all the wrong-doers, or any one of them, at his election; and it is equally clear, that, if he did not contribute to the disaster, he is entitled to judgment in either case for the full amount of his loss.” 93 U. S., at 315.
Restatement (Second) of Torts §§433A, 875, and 879 (1965 and 1979); T. Cooley, Law of Torts 142-144 (1879); W. Prosser, Law of Torts § 47, pp. 297-299, and § 52, pp. 314r-315 (4th ed. 1971); cf. Washington & Georgetown R. Co. v. Hickey, 166 U. S. 521, 527 (1897). A tortfeasor is not relieved of liability for the entire harm he caused just because another’s negligence was also a factor in effecting the injury. “Nor are the damages against him diminished.” Restatement, supra, § 879, Comment a. Likewise, under traditional tort law, a plaintiff obtaining a judgment against more than one concurrent tortfeasor may satisfy it against any one of them. Id., § 886. A concurrent tortfeasor generally may seek contribution from another, id., § 886A, but he is not relieved from liability for the
Generally, workers’ compensation benefits are not intended to compensate for an employee’s entire losses. 1 A. Larson, Law of Workmen’s Compensation § 2.50 (1978). The 1972 Amendments to the Act, however, make a determined effort to narrow the gap between the harm, suffered and the benefits payable.
See, e. g., Mitchell v. Trawler Racer, Inc., 362 U. S. 539, 549-550 (1960).
The Amendments also increased compensation benefits, expanded the Act’s geographic coverage, and instituted a new means of adjudicating compensation cases. Robertson, Jurisdiction, Shipowner Negligence and Stevedore Immunities under the 1972 Amendments to the Longshoremen’s Act, 28 Mercer L. Rev. 515, 516 (1977).
The first proposals in the legislative movement that produced the 1972 Amendments would have made all shipowners statutory employers, not just those also acting as stevedores, and thus cut off any tort action by the longshoreman. S. 525, 92d Cong., 1st Sess., § 1 (1971), Legislative History of the Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972 (Committee Print compiled for the Subcommittee on Labor of the Senate Committee on Labor and Public Welfare), pp. 393-394 (1972). Congress ultimately decided to preserve the longshoremen’s tort action against shipowners acting as shipowners.
In Jackson v. Lykes Bros. S. S. Co., 386 U. S. 731 (1967), and Reed v. The Yaka, 373 U. S. 410 (1963), we upheld a longshoreman’s negligence or unseaworthiness action against the shipowner-stevedore.
See S. Rep. No. 92-1125, p. 11 (1972) (hereinafter S. Rep.) (“Accordingly, the bill provides in the case of a longshoreman who is employed directly by the vessel there will be no action for damages if the injury was caused by the negligence of persons engaged in performing longshoring services”) (emphasis supplied). The House Report, H. R.
In many cases, of course, the shipowner whose act or omission contributed only a very small percentage of the total negligence will avoid liability on the ground of lack of causation.
S. Rep. 11-12.
In the Senate hearings, a plaintiff's lawyer mentioned diminution of damages as a possible solution so long as the shipowner’s liability for unseaworthiness was retained. The only committee member present rejected this proposal, and Congress apparently never gave it serious consideration. See Hearings on S. 2318, S. 525, and S. 1547 before the Subcommittee on Labor of the Senate Committee on Labor and Public Welfare, 92d Cong., 2d Sess., 354-355 (1972).
Laborers’ International Union, Local No. 1057 v. NLRB, 186 U. S. App. D. C. 13, 20, 567 F. 2d 1006, 1013 (1977).
The debate over § 905 (b) involved the removal of the shipowner’s liability for unseaworthiness. That occurred as a concomitant of ending liability under the stevedore’s warranty of workmanlike service, which was a quid pro quo for increasing the compensation benefits. See S. Rep. 9-10. Some Congressmen objected to removing the vessel’s liability for unseaworthiness because that would deny millions of dollars of relief for longshoremen’s injuries. 118 Cong. Rec. 36382-36384 (1972) (Reps. Eckhardt, Dent, and Ashley). Indeed, the concern shared by some Congressmen over any modification of third-party actions “had political ramifications which . . . resulted in forestalling any improvements in the . . . Act for over twelve years.” S. Rep. 9. Those Congressmen likely would have assailed the diminution of the longshoreman’s recovery in proportion to the stevedore’s fault if they had any inkling that the Amendments did that.
Id., at 2, 5, 10.
Id., at 8 (“where a longshoreman or other worker covered under this Act is injured through the fault of the vessel, the vessel should be liable for damages as a third party, just as land-based third parties in non-maritime pursuits are liable for damages when, through their fault, a worker is injured”); accord, id., at 10 and 11.
See n. 8, supra; 2A Larson, supra n. 9, §75.22, at 14-263; Soule, Toward an Equitable and Rational Allocation of Employee Injury Losses in Cases with Third Party Liability, 1979 Ins. Counsel J. 201, 202-208.
S. Rep. 9-11.
E. g., Italia Societa per Azioni di Navigazione v. Oregon Stevedoring Co., 376 U. S. 315 (1964).
The shipowner also relies upon the Reports’ reference to “comparative negligence,” S. Rep. 12, but in context it is obvious that Congress alluded only, and not erroneously, see Prosser, Comparative Negligence, 51 Mich. L. Rev. 465 n. 2 (1953), to the comparative negligence of the plaintiff longshoreman and the defendant shipowner — a concept that, unlike the proposal before us today, was well established in admiralty. See S. Rep. 12; 33 U. S. C. §905 (a); n. 2, supra. It would be particularly curious for Congress to refer expressly to the established principle of comparative negligence, yet say not a word about adopting a new rule limiting the liability of the shipowner on the basis of the nonparty employer’s negligence.
See Zapico v. Bucyrus-Erie Co., 579 F. 2d, at 725 (“one is still left to wonder why the longshoreman injured by the negligence of a third party should recover less when his employer has also been negligent than when the employer has been without fault”).
See The Etna, 138 E. 2d 37 (CA3 1943).
The original Fourth Circuit panel opinion would have made the shipowner liable for an amount equal not just to his proportionate fault, but also to the employer's lien. 558 F. 2d, at 194. The en banc court refused to make the vessel liable for the additional amount of the lien and declined to rule on any alteration of the lien since the employer was not party to the suit. 577 F. 2d, at 1156.
Cf. Northeast Marine Terminal Co. v. Caputo, 432 U. S., at 279.
“It is the Committee’s intention to prohibit such recovery under any theory including, without limitation, theories based on contract or tort.”
See S. Rep. 9 (“much of the financial resources which could better be utilized to pay improved compensation benefits were now being spent to defray litigation costs” of stevedores in third-party actions).
As noted in n. 8, supra, the general rule is that a person whose negligence is a substantial factor in the plaintiff’s indivisible injury is entirely liable even if other factors concurred in causing the injury. Normally, the chosen tortfeasor may seek contribution from another concurrent tort-feasor. If both are already before the court — for example, when the
Of course, our decision does not necessarily have any effect on situations where the Act provides the workers’ compensation scheme but the third-party action is not governed by principles of maritime law. Cf. Dawson v. Contractors Transp. Corp., 151 U. S. App. D. C. 401, 467 E. 2d 727 (1972) (private employees in the District of Columbia). See also infra, at 273.
Respondent seeks support for its position in the results of “a meeting attended by representatives of labor and industry, Committee members and Committee staff.” Brief for Respondent 16. Respondent asserts that the participants at this meeting arrived at a compromise whereby the courts were to fashion the rules to be applied in concurrent-fault situations. No official record of this meeting exists, and subsequent legislative history does not so much as hint at such a compromise. We are not told
Dissenting Opinion
with whom Mr. Justice Marshall and Mr. Justice Stevens join, dissenting.
The jury in this case found that the shipowner, the stevedore, and the longshoreman were each partially responsible
The Court holds that the shipowner, who was 20% negligent, must pay 90% of Edmonds’ damages. Edmonds, because of his comparative negligence, must absorb 10% of the damages himself. But the stevedore, who, the jury determined, was 70% at fault, will recoup its statutory compensation payments out of the damages payable to Edmonds, and thus will go scot-free.
The Court does not, and indeed could not, defend this result on grounds of reason or fairness. Today’s ruling means that concurrently negligent stevedores will be insulated from the obligation to pay statutory workmen’s compensation benefits, and thus will have inadequate incentives to provide a safe working environment for their employees. It also means that shipowners in effect will be held vicariously liable for the negligence of stevedores, and will have to pay damages far out of proportion to their degree of fault. Nor does the Court suggest that its holding is compelled by the language or legis
I
The Court begins with the proposition that, under the law maritime as it existed in 1972, the shipowner could not reduce its liability because of the comparative negligence of the stevedore: I am not entirely convinced. None of the decisions cited by the Court, ante, at 260 n. 7, stands for this proposition ; the cases relied upon all concern the conceptually distinct problem — to which the Court has given varying answers — of whether there is a right of contribution among joint tort-feasors.
The Court next states that Congress itself did not impose a rule of comparative negligence when it adopted § 905 (b) in 1972. Again, I am not altogether sure. As Chief Judge Haynsworth demonstrated in his opinion for the en banc court
I cannot agree, however, with the Court’s third proposition: that Congress intended to prohibit this Court from fashioning a rule of comparative negligence in suits for damages by a longshoreman against the shipowner. It is well established that courts exercising jurisdiction in maritime affairs have broad powers of interstitial rulemaking. As the Court stated in United States v. Reliable Transfer Co., 421 U. S. 397, 409 (1975), “the Judiciary has traditionally taken the lead in formulating flexible and fair remedies in the law maritime, and 'Congress has largely left to this Court the responsibility for fashioning the controlling rules of admiralty law.’ Fitzgerald
The Court suggests that Congress, in enacting § 905 (b), “aligned the rights and liabilities of stevedores, shipowners, and longshoremen” on the specific assumption that the shipowner would not be allowed to reduce its liability because of the stevedore’s comparative negligence. Ante, at 272. The legislative history belies this notion. Congress had two narrow objectives in mind in enacting § 905 (b) in 1972: to overcome this Court’s decision in Seas Shipping Co. v. Sieracki, 328 U. S. 85 (1946), and its decision in Ryan Stevedoring Co. v. Pan-Atlantic S.S. Corp., 350 U. S. 124 (1956). See S. Rep. No. 92-1125, pp. 8-11 (1972). These decisions had created a form of circuitous liability whereby the longshoreman, under Seas Shipping, sued the shipowner under a theory of unseaworthiness; the shipowner, under Ryan Stevedoring, obtained full indemnity from the stevedore; and the stevedore ended up paying actual damages rather than statutory compensation. Congress overruled the strict-liability theory of Seas Shipping to ensure that “[t]he vessel will not be chargeable with the negligence of the stevedore or employees of the stevedore.” S. Rep. No. 92-1125, supra, at 11. It eliminated the Ryan Stevedoring action for indemnification because if “the vessel’s liability is to be based on its own negligence, and the vessel will no longer be liable under the unseaworthiness doctrine for injuries which are really the fault of the stevedore, there is no longer any necessity for permitting the vessel to recover the damages for which it is liable to the injured worker from the stevedore . . . .” S. Rep. No. 92-1125, supra, at 11. These statements of legislative purpose are as consistent, or more consistent, with a system of comparative negligence, than with a congressional assumption that the shipowner would be fully liable for the concurrent negligence of the stevedore.
“[T]he Committee does not intend that the negligence remedy authorized in the bill shall be applied differently in different ports depending on the law of the State in which the port may be located. The Committee intends that legal questions which may arise in actions brought under these provisions of the law shall be determined as a matter of Federal law. In that connection, the Committee intends that the admiralty concept of comparative negligence, rather than the common law rule as to contributory negligence, shall apply in cases where the injured employee’s own negligence may have contributed to causing the injury. Also, the Committee intends that the admiralty rule which precludes the defense of 'assumption of risk’ in an action by an injured employee shall also be applicable.” Id., at 12.
In other words, Congress specifically reaffirmed the admiralty law tradition in the 1972 Amendments, and intended that this Court would continue to resolve “legal questions which may arise in actions brought under these provisions” in accordance with that tradition.
In short, in this case, as in Reliable Transfer, 421 U. S., at 409, “[n]o statutory or judicial precept precludes a change in the rule [that the shipowner is fully liable for the concurrent negligence of the stevedore], and indeed a proportional fault rule would simply bring recovery [as between the steve
II
I am also convinced that no injustice to injured longshoremen would result from a rule of comparative negligence. A rule of comparative negligence in no case would reduce the longshoreman’s total award below his statutory workmen’s compensation benefits.
At first blush, it might appear that there is something unfair about reducing the total potential award of the longshoreman in this manner. But when the different purposes of the statutory compensation scheme and the third-party action for negligence are considered, it can be seen that this result is fully consistent with the policies of the statute. The LHWCA statutory compensation scheme, like other workmen’s compensation plans, is based on a compromise. The longshoreman accepts less than full damages for work-related injuries. In exchange, he is guaranteed that these statutory benefits will be paid for every work-related injury without regard to fault. The third-party tort action, in contrast, embodies an element of risk. The longshoreman faces the prospect of an increased award, but also the possibility of receiving nothing if the shipowner is found not to have been negligent.
Ill
In sum, this case presents the relatively common situation where a statute is open to two interpretations, and the legislative history, although instructive as to the overriding purposes of Congress, provides no specific guidance as to which
As of December 18, 1978, the stevedore’s insurance company had paid Edmonds a total of $49,152 in statutory benefits. Brief for Liberty Mutual Insurance Co. as Amiaus Curiae 2. Under the judicially created lien sanctioned by the Court’s opinion, ante, at 269-270, the stevedore’s insurer will recover this entire sum out of the $90,000 damages awarded to Edmonds.
Technically, there is no issue of “joint and several” liability here, for the stevedore has statutory immunity from tort liability. 33 U. S. C. § 905 (a). Nor are the policies behind the common-law rule of joint and several liability applicable. The common-law rule serves largely to protect plaintiffs from defendants who are unable to pay judgments entered against them. The LHWCA, however, provides safeguards to ensure the payment of compensation benefits. 33 U. S. C. § 932. There is little need, therefore, to make the shipowner liable for full damages to protect the longshoreman from impecunious stevedores.
The first sentence reads: “In the event of injury to a person covered under this chapter caused by the negligence of a vessel, then such person . . . may bring an action against such vessel as a third party . . . The second sentence reads: “If such person was employed by the vessel to provide stevedoring services, no such action shall be permitted if the injury was caused by the negligence of persons engaged in providing steve-doring services to the vessel.” (Emphasis added.) If the phrase “caused by the negligence” in both sentences is given the same meaning, and interpreted to mean “caused by any negligence whatsoever,” then an employee of an independent stevedoring company could recover full damages under the first sentence if the shipowner was 1% negligent and the stevedore 99% negligent. A longshoreman hired directly by the shipowner, however, would be denied any recovery at all under the second sentence if persons involved in doing stevedoring work committed as little as 1% of the negligence, even if the shipowner was otherwise 99% negligent. If the statutory phrase “caused by the negligence” is interpreted to import the notion of comparative negligence, this anomaly does not arise.
Those benefits, after the 1972 Amendments, are relatively generous. The LHWCA claimant receives two-thirds of his lost wages, free of income taxes, and adjusted periodically for inflation, 33 U. S. C. §§906, 908; his medical and rehabilitation expenses are paid, § 907; and his attorney’s fees are paid. § 928.
See Coleman & Daly, Equitable Credit: Apportionment of Damages According to Fault in Tripartite Litigation Under the 1972 Amendments to the Longshoremen’s and Harbor Workers’ Compensation Act, 35 Md. L. Rev. 351 (1976).
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