California Home Brands, Inc. And Pan Pacific Fisheries v. Danny Ferreira

California Home Brands, Inc. and 'Pan Pacific Fisheries (hereafter collectively CHB), shipowners, appeal dismissal of their suit for indemnity and contribution from their seaman-employee, Danny Ferreira, whose negligence allegedly caused the injury of another crewmember. The district court granted Ferreira’s motion to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) on the grounds that neither traditional maritime law nor any federal statute authorizes an action by an employer against a seaman-employee for indemnity and contribution for injury to another crewmember, and that public policy does not support recognizing such a claim. We affirm.

FACTS

Manuel Rebelo, a crewmember of the M/V Pan Pacific, allegedly sustained injuries in January 1985 while working on board the vessel. In response to his claim for maintenance and cure, CHB, the owner of the vessel, sued for declaratory relief, denying that it owed any maintenance or payment of cure. Rebelo and his wife counterclaimed for negligence under the Jones Act, 46 U.S.C.App. § 688, and unseaworthiness and maintenance and cure under general maritime law.'

Danny Ferreira, also an employee of CHB, was…