Maritime Overseas Corporation v. United States

KENNEDY, Circuit Judge:

The Government appeals from a judgment in favor of Maritime Overseas Corporation [“Maritime”] holding the Government liable as an indemnitor for a wrongful death action brought against Maritime by the survivors of one of its seaman employees. Liability in the indemnity action, as in the underlying wrongful death claim, was based on the alleged negligent treatment afforded the employee by Navy doctors pri- or to his death.

The pivotal question in this case is whether the Government acted negligently, and, if so, whether that negligence was the proximate cause of the…