Williams v. United States, 6991

• Decision Date: 16 December 1955
• Docket Number: 7079.,No. 6991,6991
• Citation: 228 F.2d 129
• Parties: Warner WILLIAMS, Non Compos Mentis, Who Sues By and Through His Committee, Myrvin M. L. Williams, Appellant, v. UNITED STATES of America, Owner of the Steamship Nelson W. Aldrich, and Moore McCormack Lines, Incorporated, its agent, Appellees.
• Court: U.S. Court of Appeals — Fourth Circuit

228 F.2d 129 (1955)

Warner WILLIAMS, Non Compos Mentis, Who Sues By and Through His Committee, Myrvin M. L. Williams, Appellant, v. UNITED STATES of America, Owner of the Steamship Nelson W. Aldrich, and Moore McCormack Lines, Incorporated, its agent, Appellees.

Nos. 6991, 7079.

United States Court of Appeals Fourth Circuit.

Argued October 5, 1955.

Decided December 16, 1955.

Henry E. Howell, Jr., Norfolk, Va. (Jett, Sykes & Howell, and Kanter & Kanter, Norfolk, Va., on brief), for appellant.

Charles R. Dalton, Jr., and Harry E. McCoy, Jr., Norfolk, Va. (L. Shields Parsons, U. S. Atty., Norfolk, Va., on brief), for appellees.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

DOBIE, Circuit Judge.

These two appeals arise from the single case of Warner Williams, a mental incompetent (hereinafter referred to as Seaman), who by his Committee sues the United States, as owner of the merchant vessel Nelson W. Aldrich, and Moore McCormack Lines, Inc., as general agent for the United States in the operation of this vessel. The suit was commenced as a civil action in admiralty before the United States District Court for the Eastern District of Virginia on March 30, 1954, against the United States pursuant to the provisions of the Suits in Admiralty Act, 46 U.S.C.A. § 741 et seq., the Jones Act, 46 U.S.C.A. § 688, and under the general principles of admiralty law. Suit against Moore McCormack Lines (hereinafter referred to as Agent) was based solely upon general principles of admiralty law.

The libels alleged Seaman became mentally ill while serving aboard the Nelson W. Aldrich, was abandoned by the Government and the Agent, was arrested and thereafter committed to a state mental institution, which was wholly inadequate for treating such illness, thus aggravating Seaman's mental condition. He sought damages, maintenance and cure from both defendants.

As the original libel was filed more than two years and four months after Seaman left the Aldrich, both defendants filed exceptions raising the two year statute of limitations provided by the Suits in Admiralty Act, 46 U.S.C.A. § 745. In addition, Agent pleaded the affirmative defense of General Agency under the same code provision.

District Judge Bryan heard the exceptions, dismissed the action against the Agent and further dismissed the Government from all claims other than for maintenance, cure and damages for failure to provide maintenance and cure arising within two years prior to the institution of this suit. Judge Bryan, in a second memorandum, allowed the filing of an amended libel so that Seaman might specify more precisely the exact nature of his damages.

The amended libel alleged that the Government failed to provide Seaman with proper treatment and cure of his mental illness which had its inception aboard the vessel, and that Seaman was committed to Central State Hospital, Petersburg, Virginia, which did not fulfill the obligation for maintenance and cure and, in fact, so aggravated Seaman's condition as to justify an award of damages arising within the two year period prior to the institution of this suit.

The case was heard on the amended libel before District Judge Hoffman, who rendered an opinion denying Seaman any recovery and dismissing both libels. He ruled, in effect, that although Central State Hospital did not afford Seaman proper and adequate mental care, the Government was under no duty to investigate the adequacy of a state supported mental institution to which Seaman was sent (pursuant to papers signed by Seaman's father), and in the absence of facts showing that the Government knew of these inadequate facilities, Seaman's claim for damages must be dismissed. Seaman has appealed to us from Judge Bryan's decree, reported at 133 F.Supp. 317, and from Judge Hoffman's decree, reported at 133 F.Supp. 319.

These appeals present four questions, namely:

(1) Does insanity of a Seaman toll the two year statute of limitations provided in the Suits in Admiralty Act, 46 U.S. C.A. § 741 et seq.?

(2) Was the general agent of the United States, Moore McCormack Lines, Incorporated, properly dismissed from this suit?

(3) Is Seaman entitled to recover damages from the shipowner because of his commitment to Central State Hospital?

(4) Is Seaman entitled to recover an award for maintenance and cure during his commitment to Central State Hospital?

We find the actions of both District Judges, as to these questions, correct, and the decrees of the District Court are affirmed.

The facts of this case are detailed and lengthy. As found by Judge Hoffman, 133 F.Supp. at page 320:

"Williams, a young Negro twenty-eight years of age, was one of twelve (or thirteen) children born in a rural area near Williamston, North Carolina. All of the evidence points to a normal family with no indications of insanity as to any other member. The testimony conclusively shows that libellant was normal in every respect when he signed on the vessel on or about September 17, 1951, as a `food handler\' (Messman F. H.). Libellant was examined by Dr. Thomas M. Vorbrinck and passed as physically fit for duty on September 27, 1951. The vessel sailed for France and no unusual or peculiar actions on the part of libellant were noted on the voyage to Europe or during the brief stay in France. In fact, until the vessel was approximately one week out on its return voyage nothing unusual was observed by any of the crew members. At that time libellant obviously became afflicted with a mental ailment, the details of which are not pertinent, but which were known by the entire crew and the Master of the vessel. Upon arrival at Quarantine, a physician came aboard and examined the crew, but no report was apparently made as to libellant\'s mental condition. While the dates are not essentially pertinent, it appears that the vessel dropped anchor in the harbor of Hampton Roads late one Saturday; that one crew member secured from the Captain the address of libellant\'s family, went ashore, and caused libellant\'s father to be notified of his condition; that orders were posted not to permit libellant to leave ship and, on one occasion, libellant created a scene in an effort to board a launch taking crew members ashore; that the Captain left the vessel on Saturday night and was not seen thereafter until the crew (excepting libellant) were paid off by the Shipping Commissioner the following Monday at 11 A.M.; that libellant was aboard on Sunday morning and, while the evidence does not so disclose, was apparently successful in getting aboard a launch on that day; that libellant was taken in custody on Sunday at Newport News by local authorities and placed in the Newport News jail, the details of which were not revealed.

"Allen Williams, libellant\'s father, arrived in Newport News on the Sunday night in question, but it was too late for him to see his son.

He returned again on Tuesday but was told that he couldn\'t see libellant. The following Saturday he again made the trip from Williamston to Newport News and, while he indicated that he could not recall having seen his son on this occasion, he apparently signed the necessary papers to cause a hearing to be had on his son\'s mental condition. In any event, the father was then advised that libellant would be sent to an institution at Williamsburg or `some other place\'. The following week the lunacy commission regularly committed libellant pursuant to the laws of the State of Virginia, to the Central State Hospital at Petersburg, Virginia — the only public or private institution available to Negro mental patients in Virginia. The evidence shows that, while libellant is the father of a young son living in North Carolina, libellant was a resident of Virginia for at least eight years before signing on the vessel, and hence Virginia is the proper state to have cared for him as a public charge."

Further, after Seaman's admission to Central State Hospital on November 23, 1951, he was examined and evaluated by the staff, his diagnosis being depressive psychosis, manic type. Seaman remained at this hospital, except for a very short furlough, until he was removed to the United States Public Health Service Hospital at Lexington, Kentucky, following Judge Hoffman's opinion of April 19, 1955. During the month of January, 1955, which was after the institution of this suit, Seaman was re-examined by psychiatrists who were of the opinion that he was suffering at that time from schizophrenia.

On this appeal, Seaman asks us to engraft an exception to the two-year Statute of Limitations provision of the Suits in Admiralty Act, to hold that the running of ...