under the Maritime Law, and for maintenance and cure were released by the settlement of the civil action at No. C.A. 72-339.
The plaintiff now argues that the interpretation of a release is a matter of intention of the parties to be tried by the trier of fact in an action. Cates v. United States, 451 F.2d 411 [5th Cir. 1971]; Leach v. Mon River Towing, Inc., 363 F. Supp. 637 [W.D. Pa. 1973]. While we may agree to the plaintiff's position with respect to the reservation of the right by plaintiff to bring suit against third parties on a maritime cause of action we cannot agree that this permits plaintiff to maintain two successive actions for the same accident under the Jones Act, or for maintenance and cure.
We believe that it is firmly established that only one person, firm or corporation can be sued as an employer for damages under the Jones Act, or for the maritime remedy of maintenance and cure. A seaman-employee has one and only one claim and recovery for the same accident against his employer under the Jones Act and under the remedy for maintenance and cure. Cosmopolitan Co. v. McAllister, 337 U.S. 783, 69 S. Ct. 1317, 93 L. Ed. 1692 . The same question was at issue in Miller v. M/G Transport Services, Inc. et al., Civil Action No. 72-660, United States District Court for the Western District of Pennsylvania, February 28, 1973, aff'd by order Third Circuit No. 73-1955, April 16, 1974.
It is clear to us that the plaintiff made a complete settlement of all of his cause of action against his employer under the Jones Act and for maintenance and cure for the accident of June 25th, 1972 in his suit against Twin Rivers Towing Company at Civil Action No. 72-339 in this court. He is, therefore barred from asserting a cause of action under the Jones Act or for maintenance and cure against the present defendant for the same accident and summary judgment to that effect will be granted.
We believe that this determination leaves open for further trial on the merits plaintiff's cause of action against the present defendant under the General Maritime Law for unseaworthiness. Whether that action is barred by the release given to Twin Rivers Towing Company on December 11, 1972 is a factual matter to be determined by the intention of the parties at the trial of that maritime action. Similarly, the question of whether or not the structure owned by the defendant Ohio Barge Line, Inc. is a vessel under the maritime law sufficient to impose liability for alleged unseaworthiness is also a matter of disputed fact to be tried in that maritime action. Defendant's Motion for Summary Judgment as a plaintiff's maritime claim for unseaworthiness is denied and the matter will be ordered down for non-jury trial before the undersigned.
Because we have determined plaintiff cannot assert a second Jones Act action, or action for maintenance and cure, against another party when he has previously settled his Jones Act action and maintenance and cure action against a different party alleged to be his employer, there remains no further issues to be tried by a jury. The maritime claim for unseaworthiness against the present defendant will be tried before the court without jury. Mahramas v. American Export Isbrandtsen Lines, Inc., 475 F.2d 165 [2nd Cir. 1973].
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