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Home Jones Act Federal Circuits’ & State Decisions

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Federal Circuits' & State Decisions
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Jones Act - Federal Circuits' & State Decisions
Saturday, 20 February 2010 05:21
Case Name: Frank Caraska v. The State of Washington Department of Transportation, Division of Washington State Ferries
Date Decided: February 8, 2010
Court: Court of Appeals of Washington Division 1
Judge: Judge Schindler
Citation: 2010 WL 428007 (Wash.App. Div.1)

Background:
This action involves a personal injury negligence claim under the Jones Act, and unseaworthiness against the Washington Department of Transportation.

Frank Caraska, sued the WSF for injuries he sustained when an intoxicated ferry passenger assaulted him. Following a 3-day bench trial the court dismissed the lawsuit against WSF, and ruled that WSF employees were not negligence in allowing the drunken passenger to board the ferry.

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Jones Act - Federal Circuits' & State Decisions
Thursday, 18 February 2010 16:32
Case Name: Michael Felarise and Penny Felarise v. Cheramie Marine LLC.
Date Decided: January 26, 2010
Court: U.S.D.C. Eastern District of Louisiana
Judge: Judge Lemmon
Citation: 2010 WL 375229 (E.D.La.)

Background:
Plaintiffs, Michael and Penny Felarise filed this action seeking damages sustained as a result of a boating accident.

Michael Felarise alleged he suffered total and permanent disability, grievous physical and mental anguish, loss of bodily function, and embarrassment. Penny Felarise also contended she is entitled to loss of consortium.

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Jones Act - Federal Circuits' & State Decisions
Thursday, 18 February 2010 04:31
Case Name:  Brendan Reichert v. Mon River Towing, Inc.
Date Decided: January 29, 2010
Court: U.S.D.C. Western District of Pennsylvania
Judge:  Judge McVerry
Citation: 2010 WL 419435

Background:
Plaintiff, Brendan Reichert, brought this claim for negligence under the Jones Act against vessel owner, Mon River Towing Inc.

Reichart alleged he suffered injuries during the course of his employment due to a faulty locking mechanism on a winch.

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Jones Act - Federal Circuits' & State Decisions
Friday, 12 February 2010 18:34
Case Name:  James McCuiston v. Coastal Catering, LLC
Date Decided: January 15, 2010
Court: U.S.D.C. Eastern District of Louisiana
Judge: Judge Vance
Citation: 2010 WL 235029 (E.D. La.)

Background:
Plaintiff, James McCuiston, was allegedly injured while working as a cook/galley hand while employed by Coastal Catering.

McCuiston entered into a seaman's release of claims for $2,000. The agreement released any and all claims against Coastal, Tetra (charterer of vessel) and their principal contractor. The agreement acknowledged that McCuiston's potential claims included, pain and suffering, compensation, wrongful termination, discrimination, medical expenses, maintenance, cure, and others.

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Jones Act - Federal Circuits' & State Decisions
Tuesday, 09 February 2010 19:52
Case Name: Marin Dumitrescu v. General Maritime Management Inc. and General Maritime Corporation
Date Decided: December 15, 2009
Court: U.S.D.C. S.D. New York
Judge: Judge Crotty
Citation: 2009 WL 4823945 (S.D.N.Y.)

Background:
Before this Court was a motion by defendant, General Maritime Management, to disregard a jury verdict in favor of Marin Dumitrescu or alternatively, for a new trial. Marin was awarded $790,000 by a jury in a Jones Act claim he brought against General Maritime for injuries sustained while working as a seaman aboard General's vessel.

Marin was 50 years of age and worked aboard General's vessel. Marin had a pre-employment physical examination and was found fit for duty and was assigned the task of fabricating a winch cover with another fitter.

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