Bеfore the court is the Motion of Defendants, Texaco, Inc. and Crosby Marine Service, Inc., to Dismiss Certain Claims Pursuant to Fed.R.Civ.P. 12(b)(6), or for Partial Summary Judgment. Plaintiffs, Mr. and Mrs. Henry Anthony Plaisance, Jr., oppose this Motion. The Motion, set to be heard on Wednesday, January 24, 1990, is before the court on briefs, without oral argument.
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Defendants move this court to dismiss Plaintiffs’ claims that arе attributable to emotional injury, arguing that Plaintiffs have not stated a cause of action under either the Jones Act or under general maritime law. The seminal case on this issuе is
Gaston v. Flowers Transp.,
The Fifth Circuit decision of
Hagerty v. L & L Marine Services, Inc.,
The
Gaston
court was concerned about extending liability to situations of a bystander’s emotional reactions for two reasons. First, thе court noted that allowing this type of recovery “would represent a major departure from existing jurisprudence, as well as a vast extension of potential employer exposure to damages.”
The сourt also considered whether Mr. Gaston could recover for finding himself in a “zone of danger.” Id. The court noted that while Louisiana law allows for such a recovery, Gaston made no showing that he ever thought himself to be in danger. As such, the court did not decide the issue. In concluding, the court limited its holding as follows:
We do not hold today that no recovery can be had under the FELA/Jones Act for a purely emotional injury resulting from actions directed against the plaintiff or an occurrence that happened to him. That fact situation is not presented today. But whatever merit allowing recovery for purely emotional injury may have or may lack, we see none in allowing mere crewmen-bystаnders to recover for witnessing the misfortune of another. Id. at 821.
In the instant litigation, Mr. Plaisance’s claim is distinguishable from both Hagerty and Gaston. Unlike the Hagerty plaintiff, Plaisance did not experience any actual рhysical impact. Mr. Plaisance’s claim is distinguishable from the Gaston claim, however, because Plaisance perceived himself to be in actual danger. Plaintiff witnessed a fire while working as the captain of the tug TOMMY CROSBY. The fire was extinguished, the TOMMY CROSBY was not damaged, and no one was injured as a result of the fire. Plaintiff did not participate in fighting the fire, and persons оn other vessels in the vicinity of the fire escaped the fire by going to the vessel upon which Plaisance was working. Objectively, therefore, Plaintiff did not seem to be in a “zone of danger” during the fire.
While the record contains no evidence that Plaintiff was actually in danger during the fire, he nevertheless perceived himself to be in danger. In his deposition, Plаintiff reported that he asked to be relieved from his duties because he was upset about the accident. Plaintiff stated that he was dis *688 turbed “[t]hat we could have all burned and all. That’s what I told him, you know, that I could have all — blew them up and all, you know____ Well, that we could have all burned, you know, with the fire.” Deposition, p. 106. Plaintiff alleges that he still dreams about thе accident. He reported, “I see that [in his dreams] — the fire, you know. Those men running, you know. Running on my boat and all.” Deposition, p. 110.
The facts of this case reveal that Mr. Plaisance’s situation is more closely analogous to the Gaston decision rather than the situation in Hagerty. Plaintiff suffered no physical impact which led to his alleged emotional injury. Instead, Plaintiff claims injury only as a result of watching thе fire. Nobody was injured in the blaze, Plaintiff’s vessel was not damaged, and Plaisance did not undergo the trauma of watching someone else being seriously injured. Moreover, Plaintiff was not, objectively, in a zone of danger. Plaintiff, however, perceived himself to be in actual physical danger during the fire. While the reasonableness of Plaintiff’s fear is ultimately а fact question, this court’s reading of Gaston indicates that a plaintiff’s subjective belief that he was in danger, standing alone, is probably insufficient to give rise to a cause of actiоn for emotional injury under the Jones Act. In addition, Plaintiff cites no authority which indicates that a seaman can recover for a purely emotional injury under the general mаritime law. Since the court is unaware of any authority in this regard, the court finds that Plaintiffs do not state a viable cause of action under the general maritime law.
Since the сourt concludes that Plaintiffs have not stated a viable cause of action for emotional injury in this matter, the court finds that this lawsuit should be dismissed in its entirety. Defendants’ Motion only seeks to dismiss Plaintiffs’ claim for damages as a result of witnessing the fire, stating that Defendants will challenge Plaisance’s right to receive maintenance and cure, as well as Plaintiffs' clаim for damages resulting from an alleged slip and fall that occurred approximately two hours after the fire incident. The court notes that Plaintiffs’ complaint does not mаke a claim for maintenance and cure. It is well-settled that a seaman has the right, under the general maritime law, to recover maintenance and cure irrespеctive of the negligence or fault of his employer unless the injury was brought about by his own willful misbehavior. Martin J. Norris, The Law of Seaman § 678 (3d. ed. Supp.1984). Here, however, there is no claim fоr maintenance and cure before the court.
Regarding Mr. Plaisance’s alleged slip and fall, this incident is also not pled in Plaintiffs’ complaint, and it is not causally related tо the fire. After the fire had been extinguished, the flotilla proceeded to Texaco’s camp at Caillou Island. At that point the TOMMY CROSBY stopped at the Texaco fuel dоck in order to fill its fuel tanks. Mr. Plaisance docked the tug next to the workover barge to transfer fuel from the tanks of the TOMMY CROSBY to the workover barge. During the process, diesel fuel wаs spilled on the deck of the tug, and Mr. Plaisance allegedly slipped and fell, landing on his back and head. This accident occurred at least two to three hours after the fire incident. Plaisance did not record his alleged slip and fall on the boat log, nor on the handwritten accident report which he signed after the accident. Moreover, he did not report this incident to anyone from Crosby or Texaco.
The court finds no connection between the fire and the slip and fall. Plaisance’s deposition does not allege any connection between the incidents, and Plaintiffs’ memorandum in opposition to Defendants’ Motion does not indicate that the two accidents are connected in any way. The court’s own analysis of the record does not reveal any causal link between the accidents. The slip and fall is not related in terms оf time, location, or circumstances to the fire. Accordingly, since the slip and fall has not been pled separately, the court holds that this issue is not properly befоre the court at this time.
Accordingly, IT IS ORDERED that Defendants’, Texaco, Inc. and Crosby Marine Services, Inc., Motion to Dismiss Certain *689 Claims Pursuant to Fed.R.Civ.P. 12(b)(6), or for Partial Summary Judgment, should be and is GRANTED dismissing Plaintiffs’ cоmplaint in its entirety since the court finds that Plaisance’s other potential causes of action have not been pled and are therefore not properly before the court. Judgment will be entered accordingly.