SUMMARY JUDGMENT FOR DEFENDANT ON MAINTENANCE CURE DENIED EVEN THOUGH SEAMAN FAILED TO SUBMIT A RESPONSE.
RANDEAN HENRY VERSUS GULF DUMAR MARINE, INC.
CIVIL ACTION NO. 98-3497 SECTION "I" (3)
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA
2000 U.S. Dist. LEXIS 11786
August 4, 2000, Decided
August 4, 2000, Filed
August 7, 2000, Entered
OVERVIEW: Plaintiff seaman failed to submit a response to the facts set forth in defendant ship owner's motion for partial summary judgment; however, in the interest of justice, the court reviewed the record to determine whether defendant established a prima face case to entitle it to summary judgment. The court found that defendant failed to establish a prima facie case of maximum medical cure because the report from the physician was inconclusive and plaintiff's lack of evidence to show that he had not reached maximum medical cure was immaterial. The court also found that the medical history form, on which plaintiff checked "no" for prior back injury but "yes" for prior surgeries and benefits, created a genuine issue of material fact about plaintiff's intent to misrepresent or conceal precluding summary judgment on the basis of forfeiture.
