Law360 (January 12, 2021, 6:22 PM EST) -- The Fifth Circuit has held that the crew of a fishing boat who volunteered to assist with rescue operations after the Deepwater Horizon explosion could not sue for emotional distress claims because they could, and did, leave the zone of danger.
In an unpublished, per curiam opinion Monday, the appellate panel said that claims brought against BP by Bradley Shivers, Mark Mead and Scott Russell met neither the physical-injury test nor the zone-of-danger test, affirming a trial court's decision to dismiss their case for failure to state a claim.
"In the handful of instances where we have addressed whether a plaintiff...
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