Monthly Archives: May 2012

Louisiana Appellate Court voids seaman’s release executed before first doctor visit, finding seaman lacked “full understanding and knowledge” of his rights.

In Rudolph v. D.R.D. Towing Company, LLC,  Mr. Rudolph, who worked for D.R.D Towing aboard the M/V RUBY E, allegedly sustained injuries when the M/V MARTIN CHALLENGER collided with his vessel.  — So.3d —, 2012 WL 1415135, No. 11-CA-1074(La.App. 5 Cir. 4/24/12).  Three days after the incident, before receiving medical treatment or legal advice, Mr. … Read More »

Fifth Circuit affirms summary judgment on maintenance and cure: palliative, not curative

In Alario v. Offshore Service Vessels, LLC the Fifth Circuit affirmed Judge Fallon’s grant of summary judgment for the defendant vessel owner.  Michelle Alario filed suit against her Jones Act employer, alleging negligence, unseaworthiness, and entitlement to maintenance and cure when she fell out of her bunk and injured her shoulder.  The district court (Judge Fallon) granted … Read More »

District Court finds Jones Act seaman potentially entitled to punitive damages for unseaworthiness

An Eastern District of Missouri court recently concluded on March 5, 2012 that a Jones Act seaman can be entitled to punitive damages in In re Osage Marine Services, 10-1671 (E.D. Mo. 2012).  The opinion joins the divide following the Supreme Court’s pronouncement in Atlantic Sounding v. Townsend.  Louisiana courts have consistently held there is no … Read More »