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Ship, file. REUTERS Handout

Supreme Court declines to hear employer liability case

2/25/2013 COMMENTS (0)

By Lawrence Hurley

WASHINGTON, Feb 25 (Reuters) - The U.S. Supreme Court on Monday declined to weigh whether a law aimed at holding employers liable for accidents at sea applies to an accidental shooting on an oil rig.

Keith Beech was killed in December 2009 while on board a rig in the Gulf of Mexico owned by Hercules Drilling Co. He died after a colleague, Michael Cosenza, accidentally discharged a pistol while they were watching television. Cosenza was on duty at the time.

The legal question was whether Hercules was liable under the Jones Act, a federal law that applies to employer negligence at sea.

Beech's widow, Amanda Beech, sued the company following the accident. The New Orleans-based 5th U.S. Circuit Court of Appeals ruled against Beech, saying Cosenza was "not acting in the course of his employment" when he fired the gun.

The Supreme Court's refusal to hear the case means the appeals court ruling is left intact.

The case is Beech v. Hercules Drilling Co., U.S. Supreme Court, No. 12-632.

For petitioner: Ryan Bates of Yetter Coleman.

For respondent: David Bland of LeBlanc Bland.

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