California Appeals Court Says Marine Contractor Not Liable for Seaman's West Nile

By Aaron Poehler

Published on May 16, 2008

Daniel C. Price, of La Mesa, California, was diagnosed as having contracted the West Nile Virus from a mosquito bite while employed by marine construction contractor Connolly-Pacific. Although Price worked on board the derrick barge "D.B. Long Beach" five days per week, he was not required to live aboard the vessel. Instead, Price was given special permission to park a camper truck in a Connolly-Pacific parking lot near the job site.

After contracting the virus, Price was unable to return to work and his employment was subsequently terminated. Citing maritime law provisions requiring vessel owners to provide “maintenance and cure” to injured or ill seamen in their employ, Price filed suit against Connolly-Pacific for compensation for his food, lodging, and medical care.

Although Connolly-Pacific conceded that it was likely that Price contracted the virus during the period he was employed by the company, the California Court Of Appeal, Second Appellate District affirmed that because Price was not obligated to remain on company property after his working hours, he was not covered under the “maintenance and cure” provision, which was intended to cover "blue water" seamen who are required to live aboard a vessel during the entire period of their employment.