5th Cir. Reverses District Court Award of Damages for Death of Employee Who Died Due to Ingestion of Fentanyl and Xylazine; Deems Overdose of Illegal Drugs a Superseding Cause

Bommarito v. Belle Chasse Marine Transp., L.L.C., No. 22-30382, 2025 WL 3166250, 2025 U.S. App. LEXIS 29727 * | 2025 LX 554049 | 2025 WL 3166250, 2025 U.S. App. LEXIS 29727 (5th Cir. Nov. 13, 2025).

By Tyler Loga, Associate Attorney, Mouledoux, Bland, Legrand & Brackett LLC

This opinion of the United States Court of Appeals for the Fifth Circuit addresses several issues, including jurisdiction under the Admiralty Extension Act, what qualifies as an appurtenance to a vessel, corporate identity, and liability under Section 905(b) of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”). The Fifth Circuit affirmed the trial court’s admiralty jurisdiction, the classification of the crane barge’s hooks as appurtenances to the vessel, and that the two companies involved herein are essentially the same company. Regarding causation, the Fifth Circuit overturned the District Court's holding that the Plaintiff’s ingestion of an illegal drug was a superseding cause of his death that is not traceable to his work injury.

Bosit Bommarito worked for Belle Chasse Land Transportation Inc. and Belle Chasse Marine Transportation, LLC. Belle Chasse Land Transportation Inc. is a wholly owned subsidiary of Belle Chasse Marine Transportation, LLC. Bommarito was injured on the job while constructing a launch on the Mississippi River. Bommarito was a Longshoreman and was working in conjunction with a crane barge when he suffered a serious fall and sustained multiple injuries. After being treated by numerous physicians, undergoing surgery for his injury, and exhausting his prescribed medications for pain, Bommarito overdosed on a combination of street Fentanyl and Xylazine, a horse tranquilizer not prescribed for human use.

Bommarito’s estate sued Belle Chasse for personal injury under the Jones Act and General Maritime Law and later added a claim under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 905(b). The Eastern District of Louisiana Judge held Belle Chasse liable for vessel negligence under the LHWCA because it breached two duties of active control as well as the duty to intervene. Regarding causation, the District Court found that the decedent used fentanyl and xylazine to cope with intractable pain. The court awarded $575,668.09 in damages for pain and suffering before death, loss of consortium, loss of support, estate expenses, and past medical expenses.

The majority of the Fifth Circuit panel reversed the award. Addressing causation, Judge Richman wrote: “Whether an overdose from illegal drugs is a superseding cause is an issue of first impression in our circuit, and one that few federal courts have addressed.” The majority then draws on state law, “conclud[ing] ingesting illegal drugs to be a superseding cause.” The decedent ingested more than six times the lethal dose of fentanyl. As the majority explained, “[o]ur own precedent recognizes that the superseding cause doctrine ‘is predicated on the notion that “there must be a terminus somewhere, short of eternity, at which the second party becomes responsible in lieu of the first.” Foreseeability is a continuum; at some point, there is no causation as a matter of law.’” Thus, the Fifth Circuit Court held that Bommarito’s ingestion of an illegal drug was a superseding cause of his death that is not traceable to his work injury, reversing the District Court’s award and remanding the case for further proceedings.

This application of illegal drug use resulting in death as a superseding cause establishes a new rule. The appellate court’s choice to overturn the district court in this case suggest that this holding can be applied in future cases as a bright line rule as the standard of review here required a finding of “clear error” despite the well documented rationale of the district court which considered pertinent facts such as, Claimant’s pain related to the workplace accident and resultant injuries, his prior prescriptions of pain medication - including for a time Fentanyl, that he had exhausted the prescribed medication, that he had unsuccessfully tried to manage his continued pain with over the counter options, that he had unsuccessfully sought to set an appointment, and that the Claimant had no criminal record or documented history of illegal drug use. The majority of the panel here applied this rule to a wrongful death and loss of consortium claim brought under Section 905(b) of the LHWCA. Presumably, this application would apply to other tort claims under General Maritime Law. It will be interesting to see whether the rule will also apply to LHWCA claims before the Office of Administrative Law Judges and Office of Workers Compensation Programs. Seemingly the defense is now available until the courts and Benefits Review Board distinguish otherwise.

A copy of the opinion is available here.