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Date: 04-12-2023
Case Style:
Case Number: 3:19-cv-00238
Judge: Jeffrey V. Brown
Court: United States District Court for the Southern District of Texas (Galveston County)
Plaintiff's Attorney:
Defendant's Attorney: James T. Brown, Alejandro Mendez-Roman, Christopher Roland Hart, Thomas N. Lightsey, III
Description: Galveston, Texas personal injury lawyers represented Plaintiffs who sued Defendants on negligence theories.
On June 7, 2019, Christopher Reed and his wife, Jana Reed, were enjoying a peaceful day in Galveston Bay when their fishing boat was allegedly rocked by the wake from the M/V Maersk Idaho, a container ship travelling up the Houston Ship Channel. According to the allegations set forth in the Third Amended Complaint, the impact of the wake caused Christopher to fall overboard into the water. Jana's attempts to rescue her husband were unsuccessful, and Christopher did not survive. His body was recovered two days later.
Jana, individually and as a representative of Christopher's estate, and the Reeds' three surviving children, Alexis, Chase, and Logan, filed this wrongful death lawsuit against Maersk Line, Limited and M/V Maersk Idaho, In Rem.
One of the key issues in this case is the elevation change the Reeds' boat experienced at the time Christopher Reed ("Reed") fell overboard. Plaintiffs contend that he was thrown overboard when the Reeds' boat underwent an enormous elevation change as a result of the Maersk Idaho's wake. Defendants, on the other hand, argue that the wake generated by the Maersk Idaho was minimal, making it implausible that the Maersk Idaho's wake ejected Reed from his boat.
Outcome:
For the reasons provided above, Defendants' Motion to Set Aside Stipulation (Dkt. 77) is DENIED; Defendants' Opposed Motion for Application of Texas Civil Practice and Remedies Code Chapter 33 (Dkt. 78) is carried with the case; and Defendants' Motion for Application of the Pennsylvania Rule (Dkt. 91) is DENIED without prejudice to re-raising at trial.
Reed v. Maersk Line, Ltd. (S.D. Tex. 2021)
Motion for Judgment.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3) (Entered: 04/12/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: