Greg Hargus v. Ferocious and Impetuous
65 V.I. 461
| 3rd Cir. | 2016Background
- On May 19, 2012, Greg Hargus was struck on the head aboard the anchored 26-foot recreational vessel One Love by a plastic coffee cup thrown by the vessel’s captain, Kyle Coleman, from shore.
- Hargus sought medical care two days later and was diagnosed with a concussion and mild contusion; intermittent related symptoms continued into 2013.
- Hargus sued in rem against the One Love and in personam against Coleman and others asserting maritime claims including negligence; bench trial was held in the District Court of the Virgin Islands.
- The District Court found admiralty jurisdiction, held Coleman negligent, and entered a $50,000 judgment (One Love liable in rem); Coleman and the vessel appealed.
- The Third Circuit reviewed admiralty jurisdiction de novo and focused on whether the tort had the requisite connection to maritime activity under the Grubart test.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether federal admiralty jurisdiction applies to Hargus’s tort claim | Hargus argued the injury occurred on navigable water and was caused by the captain, invoking admiralty tort jurisdiction | Coleman argued the act (throwing a small inert object from shore) lacked a connection to maritime commerce and thus fell outside admiralty jurisdiction | No admiralty jurisdiction: the incident fails the first Grubart connection prong because it lacks potential to disrupt maritime commerce |
Key Cases Cited
- Sisson v. Ruby, 497 U.S. 358 (1990) (admiralty jurisdiction requires evaluating whether the incident type could potentially disrupt maritime commerce)
- Jerome B. Grubart, Inc. v. Great Lakes Dredge & Dock Co., 513 U.S. 527 (1995) (two-part connection test: potential disruptive impact and substantial relationship to maritime activity)
- Foremost Ins. Co. v. Richardson, 457 U.S. 668 (1982) (examples of incidents whose nature can disrupt maritime commerce, like vessel collisions)
- Tandon v. Captain’s Cove Marina of Bridgeport, Inc., 752 F.3d 239 (2d Cir. 2014) (physical altercation on/around a dock among recreational visitors did not pose realistic threat to maritime commerce)