Ellender v. John E. Graham & Co.

ORDER AND REASONS

FELDMAN, District Judge.

The defendant, John E. Graham & Sons, Inc., has moved under Rule 12(b)(6) to dismiss Denise Ellender’s claim for loss of consortium arising out of injuries her husband, Allen Ellender, allegedly suffered while employed by the defendants. John E. Graham & Sons was the plaintiffs employer.

In a separate motion, Best Oilfield Services, Inc., a nonemployer, third party defendant, also moves for summary judgment dismissing the claim of loss of consortium.

The husband’s suit against Graham alleges Jones Act negligence and as well as an unseaworthiness claim…