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In the Matter of the Complaint of Henry Marine Service, Inc., as Owner and Operator of the M/V Jamie H.

U.S. District Court Civil Action No. 1:18-00154-JB-B, __ F.Supp.3d __ (S.D. Ala. Apr. 11, 2019). U.S. District Judge Jeffrey U. Beaverstock enters order granting claimant's motion to dissolve injunction and to lift stay supported by stipulations conforming with Beiswenger Enterprises Corp. v. Carletta, 86 F.3d 1032, 1033-34 (11th Cir. 1996), so as to permit plaintiff to proceed under the savings to suitors clause with her state-court wrongful death action against Henry Marine Service, Inc., and the M/V Jamie H. for the death on October 7, 2017, of a crew member, Daniel Lee Smith, while the vessel was moored at Alabama Power Company's Barry Steam Plant in Bucks, Alabama. The district court initially entered an injunction and stay of claimant's wrongful death case following Henry Marine's complaint for exoneration from or limitation of liability under the Shipowner's Limitation of Liability Act, 46 U.S.C. § 30501, et seq. However, the district court finds claimant's stipulations adequate to protect the vessel owner, such that she would be permitted to litigate liability and damages issues in the wrongful death lawsuit pending in the Circuit Court of Mobile County, Alabama.
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