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Law360 (February 5, 2021, 11:20 PM EST ) The widow of a deckhand who purportedly contracted a fatal case of COVID-19 from the captain of the ship he was working on has reached an undisclosed settlement with the ship owner, according to documents filed in Louisiana federal court.
After being advised of the settlement, U.S. District Judge Eldon Fallon on Thursday dismissed without prejudice a suit brought by Kathy Norwood accusing Rodi Marine LLC of causing the death of her husband Michael Norwood after he allegedly contracted the coronavirus from the captain, John Reed, resulting in Michael Norwood's April death. Terms of the deal were not discussed in court papers.
An attorney for Rodi Marine, Kent Morrison, told Law360 by email Friday that "the parties reached an amicable resolution satisfactory to each party, the terms of which are confidential."
Counsel for Norwood, Paul Sterbcow, provided a substantially similar statement to Law360.
The settlement effectively ends an opportunity for the federal courts to create legal precedent regarding coronavirus injuries and what a seaman can recover under the Jones Act, a federal law that regulates United States maritime commerce.
Norwood's counsel had touted the case as "the first lawsuit claiming Jones Act negligence and unseaworthiness by vessel owners and operators related to COVID-19," according to a statement issued in July.
The suit claims the vessel and its three-man crew was docked in Mobile, Alabama, undergoing modifications when the captain was sent by Rodi Marine to conduct business in New Orleans amid a coronavirus outbreak in the city. After the captain returned, he fell ill but remained on the boat, exposing Michael Norwood and another deckhand to the virus, according to the complaint.
About a week later, Michael Norwood developed symptoms, and he later died approximately four weeks after being exposed to the virus, the suit said.
"The untimely death of decedent, Michael Norwood, was caused by the negligence of defendants by and through their employee Captain John Reed who, despite traveling to a location on 'lock down' and well known to be a 'hotspot' for COVID-19, took no steps to protect himself and others and took no steps in response to developing COVID-19 symptoms, instead opting to remain aboard the vessel in Mobile, Alabama for at least three days while symptomatic and exposing his fellow crew members to COVID-19," the suit said.
Norwood had also alleged that Rodi Marine failed to provide her husband with a safe workplace and failed to implement safety measures to guard against COVID-19 or otherwise train its crew on mitigation efforts.
Norwood is represented by Paul M. Sterbcow and Beth E. Abramson of Lewis Kullman Sterbcow & Abramson LLC.
Rodi Marine is represented by Thomas Kent Morrison, Colin B. Cambre and Taylor M. Bologna of Phelps Dunbar LLP.
The case is Norwood v. Rodi Marine LLC et al., case number 2:20-cv-01404, in the U.S. District Court for the Eastern District of Louisiana.
--Editing by Daniel King.
For a reprint of this article, please contact reprints@law360.com.
