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Plaintiff Andrew G. Black, a marine engineer employed by Red Star Towing & Transportation Co., Inc., brought this action to recover for personal injuries sustained in a maritime accident at Port Mobil, a facility owned and operated by defendant Mobil Oil Corporation at Staten Island, New York. Following a jury trial in the United States District Court for the Southern District of New York (Turrentine, J.), judgment was entered dismissing the Jones Act and unseaworthiness claims asserted by Black against Red Star, and apportioning liability between Mobil (10%) and Black (90%) on the negligence claim pleaded against Mobil. By order filed after the entry of judgment, the District Court determined that Red Star was not entitled to be indemnified by Mobil for the maintenance and cure it had provided to Black or for the counsel fees it expended in defense of the action.

On appeal by plaintiff Black and cross-appeal by defendant Red Star, a panel of this Court affirmed the judgment and order of the District Court. 838 F.2d 1202 (2d Cir.1987). Following Red Star's suggestion for rehearing in banc, a majority of the judges in regular active service voted to reconsider the cross-appeal and directed the parties to file additional briefs "focus[ing] on the issue of whether a shipowner has a right of indemnity against a third-party tortfeasor for maintenance and cure paid to an injured seaman." Order dated February 1, 1988. The case was submitted without oral argument. Upon reconsideration, we conclude that a shipowner has such a right, overrule The Federal No. 2, 21 F.2d 313 (2d Cir.1927), and direct the District Court to enter judgment in favor of Red Star and against Mobil in proportion to Mobil's fault for the accident in which Black was injured.


860 F.2d 30 (1988)

Andrew G. BLACK, Plaintiff-Appellant, v. RED STAR TOWING & TRANSPORTATION CO., INC., Defendant-Appellee, Cross-Appellant, and Mobil Oil Corp., Defendant-Appellee, Cross-Appellee.

No. 364, Dockets 87-7589, 87-7591.

United States Court of Appeals, Second Circuit.

On Submission April 11, 1988.

Decided October 17, 1988.

New York Law School Location: File # 492, Box # 121