MARINE EXPERT WITNESS TESTIMONY ALLOWED.
JOSEPH VERSUS RIVER PARISHES CO., INC.
CIVIL ACTION NO. 00-0180 SECTION "A"
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA
2000 U.S. Dist. LEXIS 11788
August 9, 2000, Decided
August 9, 2000, Filed, Entered
OVERVIEW: Plaintiff's left hand was crushed while making repairs onboard defendant's ship, and he brought suit under the Jones Act, 46 U.S.C.S. § 588. Defendant moved for a partial summary judgment determination that disability insurance payments made to plaintiff as a result of the injury should be set-off against plaintiff's prospective jury award, to preclude double recovery by plaintiff. Defendant argued that the disability insurance had been purchased to defray its potential liability. Plaintiff argued that the disability plan was a fringe benefit that contained no language indicating benefits pursuant to the disability plan should off set potential liability. The court held the policy generally fell under the collateral source rule, and evidence of the benefits could erroneously be used by a jury to reduce plaintiff's recovery. Set-off was denied, based on policy language. The court also noted that the policy specifically contemplated a deduction for an award of maintenance, and reserved that issue for argument.
