United States v. William Gallagher

The Government filed a complaint against Gallagher, who negligently injured a seaman employed by the United States, to recover sums it paid its seaman for maintenance and cure. The district court dismissed the action, and the Government appeals. 322 F.Supp. 426 .

The case was tried on stipulated facts. In 1968, Gallagher negligently drove his taxicab, causing injury to Frey, the seaman, who was a passenger in the cab. Frey was a civilian crewmember on a vessel owned by the Government. He was on shore leave when he was hurt. The Government paid Frey maintenance and cure during his recuperation.

Frey brought a damage action against Gallagher in state court. After the court decided liability in Frey’s favor in 1969, the case was settled on terms undisclosed in our record. The Govern ment did not try to intervene in the state action, and the parties did not attempt to join the Government. The Government brought this action to recover indemnity from Gallagher after the state action was concluded.

Can the Government as shipowner maintain an independent indemnity action against a tortfeasor whose injury to the Government’s seaman caused it to pay maintenance and cure, where there is…