Summary Judgment For Vessel Where No Medical Causation Testimony Except On Maintenance And Cure Claim
UNITED STATES DISTRICT COURT FOR THE DISTRICT OFMASSACHUSETTS
360 F. Supp. 2d 195; 2005 U.S. Dist. LEXIS 3121
March 3, 2005, Decided
PROCEDURAL POSTURE: Plaintiff seaman, who sustained injuries when he was stuck with a fish hook while working on board a vessel, sued defendant owner of the vessel for a claim under the Jones Act, 46 U.S.C.S. ยง 688, for a claim of unseaworthiness, and for a claim of maintenance and cure. Defendant owner moved for summary judgment.
OVERVIEW: The captain of the vessel removed the hook and cleaned and bandaged the wound. Two weeks later when the vessel docked, the seaman was diagnosed as having an infection and was prescribed antibiotics. He was also treated for gastrointestinal bleeding. Tests revealed that he had used cocaine and opiates, and the seaman reported using drugs intravenously. The issue in the case was whether the fish hook incident was causally related to two surgeries for the seaman's ulcers. The seaman could not rely on his doctor's opinion to establish causation because there was no evidence to support the opinion that the seaman had taken aspirin and Motrin for pain after the fish hook incident which caused the ulcers. Without evidence of causation, his Jones Act and unseaworthiness claims failed as a matter of law. However, because the seaman denied in deposition that he had ever used, or reported using, cocaine or other drugs intravenously, a question of material fact was raised as to whether his own willful misconduct foreclosed an award for maintenance and cure.
OUTCOME: The court granted in part and denied in part the owner's motion for summary judgment. The motion was granted as to the Jones Act and unseaworthiness claims and denied as to the claim for maintenance and cure.
