Whitchurch v. Canton Marine Towing Co.

SUE E. MYERSCOUGH, UNITED STATES DISTRICT JUDGE

Before the Court is Plaintiff Kori Whitchurch's Motion to Dismiss Counterclaim (d/e 48). The Court finds that Defendant Canton Marine Towing Co., Inc. ("Canton Marine") has not alleged a cognizable claim under federal maritime law. Therefore, Plaintiff's Motion is GRANTED and Defendant Canton Marine's Amended Counterclaim (d/e 39) is DISMISSED WITHOUT PREJUDICE and with leave to amend.

I. BACKGROUND

This action arises from claims of negligence under the Jones Act, 46 U.S.C. § 30104, and unseaworthiness and maintenance *988and cure under general…