Maritime Overseas Corporation v. United States

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 injuries suffered by Maritime’s employee. Maritime, as would-be indemnitee, must establish the Govern ment’s negligence as a condition of its own recovery. California Stevedore & Ballast Co. v. Pan-Atlantic Steamship Corp., 291 F.2d 252 (9th Cir. 1961); see Garrett v. United States Lines, Inc., 574 F.2d 997 (9th Cir. 1978). The showing a claimant of indemnity must make with respect to the potential indemnitor’s liability must be distinguished from the showing required of the claimant with respect to its own liability to the injured third party. See California Stevedore & Ballast Co. v. Pan-Atlantic Steamship Corp.,…