American River Transportation Co. v. Phelps

ORDER FOLLOWING BENCH TRIAL

REAGAN, District Judge.

I. Introduction

On July 17, 1997, Charles Phelps, a deckhand employed by American Commercial Barge Lines, was injured on a barge owned by American River Transportation Company. In February 1998, Phelps sued American Commercial Barge Lines (“ACBL”) in the Circuit Court of Madison County, Illinois under the Jones Act, 46 U.S.CApp. § 688, et seq. ACBL filed a third party action against American River Transportation Company (“ARTCO”). Phelps then amended his state court complaint to add ARTCO as a Defendant.

In January 2000, ARTCO filed suit in this…