Withhart v. Otto Candies, L.L.C

REAVLEY, Circuit Judge:

Sea Mar, Inc. appeals the district court’s dismissal under Federal Rule of Civil Procedure 12(b)(6) of its counterclaims against Jeffrey Wayne Withhart. The issue presented in this appeal is whether a shipowner-employer (Sea Mar) may assert a negligence and indemnity claim against its seaman-employee (With-hart) for property damage allegedly caused by Withhart’s negligence. The district court answered this question in the negative, and dismissed Sea Mar’s counterclaim. This is an issue of first impression in this Circuit and, surprisingly, an issue of first impression…