Calton v. Lexington

JOHNSON, Circuit Judge:

The children of a deceased seaman’s first marriage sued their father’s employer. The district court granted the employer’s motion to dismiss, on the ground that the seaman’s personal representative, his widow, had already settled all claims. We conclude that the plaintiff’s proper recourse lies against the personal representative, and affirm.

I. BACKGROUND

Johnnie Wiley Calton III died on September 14,1984, in an explosion and fire on the drilling rig where he worked. He left behind his first wife, Barbara McKeithen Cal-ton Duke, and his two sons by her, Johnnie Wiley…