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A Washington-based company, Electroimpact Inc., has filed a motion to dismiss certain maritime claims brought by the family of Paul-Henri Nargeolet, one of the victims of the Titan submersible implosion during its 2023 voyage to the Titanic wreck. The company argues that the claims under the Jones Act, which regulates U.S. maritime commerce, are invalid because Nargeolet was not an employee of Electroimpact.

Nargeolet’s family filed a wrongful death lawsuit in August, seeking $50 million in damages from OceanGate Inc., the sub’s owner and operator, for allegedly concealing the vessel’s flaws before the deadly implosion. The estate of OceanGate CEO Richard Stockton Rush III, who also died in the June 2023 expedition, is also named in the suit. The family additionally sued Electroimpact and other companies involved in the design, engineering, and manufacturing of the Titan submersible.

In its motion to dismiss, Electroimpact asserts that Nargeolet, an experienced ocean explorer who was a member of the first expedition to the Titanic in 1987, was an employee of OceanGate, not Electroimpact. The company argues that the Jones Act only applies to claims where there is an employer-employee relationship between the plaintiff and the defendant, and Nargeolet was not employed by Electroimpact. According to the motion, Electroimpact neither paid, supervised, nor had the authority to hire or fire Nargeolet.

Electroimpact also contends that the incident occurred more than three nautical miles offshore, meaning that the only viable claim is under the Death on the High Seas Act (DOHSA), which preempts other claims, including wrongful death and negligence. The company’s filing asserts that because Nargeolet died aboard the Titan submersible, beyond U.S. territorial waters, his death is governed by DOHSA.

Matthew D. Shaffer, an attorney representing the Nargeolet family, stated that the family’s legal team is reviewing the motion and will respond accordingly.

Counsel for Electroimpact did not immediately respond to requests for comment.

The family is represented by Matthew D. Shaffer and Laura B. De La Cruz of Schechter Shaffer & Harris LLP, along with Tony Buzbee and Chris Leavitt of the Buzbee Law Firm. Electroimpact is represented by Thomas Lether, Sam Colito, and Jensen Merrill of Lether Law Group, as well as Kelly H. Sheridan, Steven W. Fogg, and Mark T. Rutherford of Corr Cronin LLP. OceanGate is represented by William H. Beaver, Randall T. Thomsen, Ariel A. Martinez, and Michelle Buhler of Bryan Cave Leighton Paisner LLP.

The case is Ortoli v. OceanGate Inc. et al., case number 2:24-cv-01223, in the U.S. District Court for the Western District of Washington.