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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

)

IN THE MATTER OF THE )

COMPLAINT OF )

)

)

PETER KNUDSEN A/S, Owner of the ) CIVIL ACTION NO. 08-00505-CG-B

M/V VINLAND SAGA (IMO No. )

812649) for Exoneration from or )

Limitation of Liability ) IN ADMIRALTY

FINAL JUDGMENTS

By Order dated April 28, 2010 (Doc. 156), the court granted Harrison Brothers Drydock

& Repair Yard, Inc.’s (“Harrison Brothers”) motion for summary judgments (Doc. 54) as to

Harrison Brothers’ Second and Third Defenses asserted in its Answer (Doc. 21) to Limitation

Plaintiff Peter Knudsen A/S’ (“Knudsen”) counterclaim (Doc. 20) and as to Harrison Brothers’

crossclaim (Doc 45) against co-claimant J. Gregory Carwie, Esq., as Conservator for Emil Harris

(“Carwie”). The basis for the court’s Order granting Harrison Brothers the aforesaid judgments

is the court’s determination as a matter of law that Harrison Brothers was at all relevant times the

“employer” of Emil Harris within the scope of the Longshore and Harbor Workers’

Compensation Act (“LHWCA”), 33 U.S.C. § 901, et seq., and that Harrison Brothers is therefore

immune from liability for any claim asserted by or on behalf of Mr. Emil Harris or by anyone

else, including but not exclusively Knudsen and Carwie, against Harrison Brothers at law or in

admiralty on account of the injury to Mr. Emil Harris while onboard the M/V VINLAND SAGA

in Mobile, Alabama, on or about September 28, 2006. This action presents more than one claim

for relief, whether as claims, counterclaims, crossclaims or third party claims, and it also

presents an action where multiple parties are involved. Harrison Brothers has now petitioned the

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court pursuant to Rule 54(b), Fed. R. Civ. P., to enter Final Judgments in its favor as to each of

the aforesaid summary judgments granted by the court in its Order (Doc. 156).

On due consideration of Harrison Brothers’ petition and the court finding that there is no

just reason for delay in entry by the court of Final Judgments in Harrison Brothers’ favor, it is

hereby

ORDERED, ADJUDGED and DECREED as follows:

1. It is hereby declared that, as a matter of law and at all times relevant to the injury

sustained by Mr. Emil Harris while onboard the M/V VINLAND SAGA in Mobile, Alabama, on

or about September 28, 2006, Harrison Brothers Drydock & Repair Yard, Inc. Was the

“employer” of Mr. Emil Harris within the scope and meaning of the Longshore and Harbor

Workers’ Compensation Act (“LHWCA”), 33 U.S.C. § 901, et seq.; and is therefore entitled to

the statutory immunity provided by said LHWCA to Emil Harris “employer” against any and all

claims arising out of said injury to Emil Harris;

2. A Final Judgment is hereby entered in favor of Harrison Brothers Drydock & Repair

Yard, Inc., and against Peter Knudsen A/S as to Peter Knudsen A/S’ counterclaim (Doc. 20)

against Harrison Brothers Drydock & Repair Yard, Inc.; and

3. A Final Judgment is hereby entered in favor of Harrison Brothers Drydock & Repair

Yard, Inc., and against J. Gregory Carwie, Esq., as Conservator for Emil Harris, on Harrison

Brothers Drydock & Repair Yard, Inc.’s crossclaim (Doc. 45) against J. Gregory Carwie, Esq.,

as Conservator for Emil Harris.

DONE and ORDERED this 20th day of May, 2010.

/s/ Callie V. S. Granade 

UNITED STATES DISTRICT JUDGE

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