MAINTENANCE INCREASED TO AN AMOUNT IN EXCESS OF AMOUNT SET OUT IN COLLECTIVE BARGAINING AGREEMENT.
ROBERT J. DURFOR, Plaintiff, -against- K-SEA TRANSPORTATIONCORP., E.W. HOLDING CORP., WALLIN MARINE CORP., and EKLOF MARINE CORP.,Defendants.
00 Civ. 6782 (AGS)
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
2001 U.S. Dist. LEXIS 10703
July 27, 2001, Decided
July 30, 2001, Filed
PROCEDURAL POSTURE: Plaintiff sued defendants for damages under the Jones Act, 46 U.S.C.S. § 688 et seq., and general maritime law for injuries he allegedly sustained while working on a boat. Plaintiff moved for an increase in his maintenance.
OVERVIEW: Plaintiff sued defendants alleging negligence, and for cure, maintenance, and medical expenses. During discovery and after the defendants declined to increase his maintenance, plaintiff moved for partial summary judgment for increased maintenance. The plaintiff's motion was granted. The court determined that the plaintiff was not bound by the maintenance limits set forth in a collective bargaining agreement when those amounts were insufficient. The plaintiff had submitted evidence that the amount of maintenance was insufficient. In granting plaintiff's motion for an increase, the court noted that the right to maintenance was not preempted by federal labor statutes and the right to maintenance was to be construed liberally. The court rejected defendants' Fed. R. Civ. P. 56(f) motion to conduct further discovery because they failed to indicate what they believe the possible documentary evidence and deposition of plaintiff would establish. They also failed to indicate how the discovery would create a genuine issue of material fact.
OUTCOME: Plaintiff's motion for an increase in his rate of maintenance was granted.
