Vulcan Materials Co. v. Massiah

Affirmed by published opinion. Judge DUNCAN wrote the opinion, in which Judge WILKINSON and Judge SHEDD joined.

OPINION

DUNCAN, Circuit Judge:

This appeal arises out of the death of Seaman Freddie N. Porter, Jr. (“Porter”), who was killed during a Navy training exercise when his rigid-hull inflatable boat (“RHIB”) collided with the WILLIAM E. POOLE 1 tug as it was pushing an eight-barge flotilla up the James River. Claimant-Appellee Cassita Massiah (“Massiah”), as personal representative for her son Porter’s estate, brought a wrongful death suit against the tug owner, Plaintiff-Appellant Vulcan…