General Maritime Negligence Claim

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7^th Circuit Court of Appeals

Case Name: Herbert Hardimon v. American River Transportation Company, LLC

Case No.: 22-2348

Officials: Flaum, Easterbrook, and Pryor, Circuit Judges.

Focus:  General Maritime Negligence Claim

Herbert Hardimon sued the American River Transportation Company, LLC (ARTCO). Hardimon, employed on a flat deck crane barge, sustained injuries when he slipped on an ice-covered deck and fell into the frigid waters of the Mississippi River. This incident occurred a day after barges under ARTCO’s control broke free from their moorings, colliding with Hardimon’s barge and causing damage to a hatch cover.

Hardimon pursued a general maritime negligence claim against ARTCO, which was dismissed by a magistrate judge on grounds that Hardimon failed to prove that his injuries were directly caused by ARTCO. Displeased with this outcome, Hardimon appealed the ruling.

The Seventh Circuit upheld the lower court’s dismissal, asserting that Hardimon’s injury was not a foreseeable consequence of the barge collision. It concluded that although Hardimon might have been within the general category of foreseeable victims to ARTCO, the specific harm suffered was not foreseeable. The court determined that the type of harm experienced—slipping on ice on a barge deck—was not among the types of harms ARTCO could reasonably anticipate as a result of its negligent barge mooring.

Additionally, Hardimon contended that he acted as a rescuer, attempting to aid the damaged barge, thus asserting that ARTCO owed him a duty of care. However, the court rejected this argument, reasoning that the complaint failed to allege that he was injured during a rescue attempt or that he responded to an exigent or perilous situation.

Affirmed.

Decided 03/19/24

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