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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Pelligrino v. Universal Maritime Service Co.

This maritime personal injury case involves plaintiff Dennis Pelligrino, a marine carpenter, who was injured after falling from grease-coated heavy machinery he was securing on a vessel. He sued Universal Maritime Service Company, Inc., the stevedoring company, and Waterman Steamship Corporation, the vessel owner. The court denied Universal's motion for summary judgment, citing unresolved issues of fact regarding its alleged negligence in handling the cargo and failing to ensure safety. Conversely, Waterman's cross-motion for summary judgment was granted, as the court found no evidence that the vessel owner breached its duties to longshoremen or actively participated in the cargo operations. Consequently, the complaint against Waterman was dismissed, while the action against Universal was severed.

Maritime personal injuryLongshore and Harbor Workers’ Compensation ActStevedoring negligenceVessel owner dutiesSummary judgmentCargo securingHazardous conditionsCosmolineNegligenceShipowner liability
References
8
Case No. MISSING
Regular Panel Decision
Apr 17, 2008

Day Cruises Maritime, L.L.C. v. Christus Spohn Health System

Appellants Day Cruises Maritime, L.L.C. and Corpus Christi Day Cruise, L.L.C. appealed summary judgments in favor of Christus Spohn Health System regarding medical expenses for Judy Ann Lanado, a seaman who suffered severe brain damage. Christus sought payment based on a sworn account, a guarantee, and maritime maintenance and cure. The appellate court reversed the summary judgment for Christus's counterclaim, finding an ineffective sworn denial and Christus's lack of standing for the guarantee. It also found a material fact issue regarding the reasonableness of medical charges under maintenance and cure. The court affirmed the denial of equitable subrogation to appellants but remanded for a determination of Christus's potential negligence affecting the medical bill.

Maritime LawSummary JudgmentMaintenance and CureEquitable SubrogationSworn AccountDue ProcessAlien CrewmanMedical ExpensesTexas LawAppellate Procedure
References
52
Case No. MISSING
Regular Panel Decision

Hite v. Maritime Overseas Corporation

Mr. Hite, a ship repairman, sued Maritime Overseas Corporation under diversity of citizenship for injuries sustained on May 2, 1973, while working aboard the SS OVERSEAS JOYCE in Port Neches, Texas. He received an electric shock from a defective drop cord, causing him to fall. Both Mr. Hite and a witness knew of the cord's defective condition prior to the accident. The defendant moved for a directed verdict, arguing that the Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972 apply land-based negligence concepts, and vessel owners are not liable for open and obvious dangers known to independent contractors. The plaintiff contended that maritime negligence concepts should apply, asserting a nondelegable duty for the vessel owner to provide a safe workplace and inspect equipment. The Court, interpreting the 1972 Amendments, found that Congress intended land-based negligence concepts to apply, with exceptions for comparative negligence and assumption of risk. The Court concluded that the defective drop cord was an open and obvious condition, and thus the defendant owed no duty to warn the plaintiff. Therefore, the defendant's motion for a directed verdict was granted, and the plaintiff's cause of action was dismissed with prejudice.

Maritime LawLongshoremen's and Harbor Workers' Compensation ActShip Repairman InjuryVessel Owner NegligenceLand-Based Negligence ConceptsOpen and Obvious DangerDirected VerdictAssumption of RiskComparative NegligenceDuty to Warn
References
68
Case No. MISSING
Regular Panel Decision

Wilcox Ex Rel. Wilcox v. Carina Maritime Corp.

This maritime personal injury case involves the survivors of longshoreman Jessie Lee Wilcox, who suffered a fatal heart attack while working on the M/V Grace Boeing. Plaintiffs alleged that the shipowner, Carina Maritime Corporation, was negligent for not having bottled oxygen available, contributing to Wilcox's death. The Court, however, found no legal duty for the defendant to carry oxygen, nor was a maritime custom requiring it proven by the plaintiffs. The "Good Samaritan" doctrine was also considered, but the court determined that the provided breathing device was not proven defective, nor was it established that oxygen would have aided Wilcox given his critical condition. Consequently, the Court entered judgment for the defendant, concluding that the plaintiffs failed to demonstrate negligence or proximate cause for Wilcox's death.

Maritime LawPersonal InjuryNegligenceLongshoremanHeart AttackDuty of CareGood Samaritan DoctrineShipowner LiabilityOxygen DeprivationCausation
References
10
Case No. 13-06-471-CV
Regular Panel Decision
Apr 17, 2008

Day Cruises Maritime, L.L.C. and Corpus Christi Day Cruise, L.L.C. v. Christus Spohn Health System D/B/A Christus Spohn Hospital Memorial

This case involves an appeal from summary judgments. Appellants (Day Cruises Maritime, L.L.C. and Corpus Christi Day Cruise, L.L.C., collectively "Texas Treasure") contested the trial court's decision in favor of appellee (Christus Spohn Health System d/b/a Christus Spohn Hospital Memorial, "Christus"). The dispute arose from medical expenses incurred by a seaman, Judy Ann Lanado, employed by Texas Treasure, who suffered severe brain damage after surgery at Christus. Texas Treasure sought to avoid liability for the entire hospital bill and claimed equitable subrogation. The appellate court affirmed the denial of Texas Treasure's motion for summary judgment on its plea in intervention but reversed the granting of Christus's motions for summary judgment on its counterclaim and Texas Treasure's plea in intervention, remanding for further proceedings to determine negligence and attributable expenses.

Summary JudgmentAppellate ReviewSworn AccountVerified DenialDue ProcessEquitable SubrogationMaintenance and CureMaritime LawAlien CrewmanHospital Expenses
References
52
Case No. MISSING
Regular Panel Decision
Nov 14, 2001

Harrison v. SEA RIVER MARITIME, INC.

Plaintiff Antoinette Harrison, a seaperson, sued Defendant Sea River Maritime, Inc. for negligence under the Jones Act and unseaworthiness after sustaining a left knee injury while working on the S/R North Slope. The Court found the Defendant 90% negligent for inadequate instruction and failure to conduct a Job Hazard Assessment for a new employee. Harrison was found 10% contributorily negligent for her injury. Her claim of unseaworthiness was dismissed. The Court awarded Harrison net damages of $543,583.80, covering past and future economic losses, medical expenses, and subjective losses, with pre-judgment and post-judgment interest.

Jones ActMaritime LawSeaperson InjuryNegligenceContributory NegligencePersonal InjuryKnee InjuryDamages AwardedFederal CourtAdmiralty Jurisdiction
References
0
Case No. MISSING
Regular Panel Decision

McDonald v. City of New York

The plaintiff sustained personal injuries while working on a dry dock at the Brooklyn Navy Yard. The Supreme Court initially denied the defendants' motions for summary judgment, asserting the case did not fall under admiralty jurisdiction. On appeal, the higher court reversed this finding, concluding that a maritime nexus and situs existed, thus invoking substantive maritime law. This preemption by federal maritime law rendered the strict liability provisions of New York Labor Law §§ 240 and 241 inapplicable. Consequently, the appellate court granted the defendants' motions to dismiss claims based on these labor laws, while affirming the denial of dismissal for claims under common law negligence and Labor Law § 200.

Admiralty JurisdictionMaritime LawLabor LawPreemptionPersonal InjuryDry DockSummary JudgmentAppellate CourtNew YorkNegligence
References
18
Case No. MISSING
Regular Panel Decision

O'Neil v. Roman Catholic Diocese

A student worker at St. Ephrem’s Church (the plaintiff) experienced sexual harassment from a visiting priest. After a particularly egregious incident, she informed other parish priests who promptly referred her to law enforcement. The plaintiff subsequently sued the Roman Catholic Diocese of Brooklyn and St. Ephrem’s Church for sexual harassment, negligence, negligent hiring, and negligent supervision, arguing they should have known of the priest's propensity. The Supreme Court, Kings County, granted summary judgment to the Diocese defendants, dismissing the plaintiff's claims, finding they lacked actual or constructive knowledge. The appellate court affirmed this decision, concluding that the defendants met their burden in demonstrating no prior knowledge of the visiting priest's conduct and acted diligently once informed.

Sexual HarassmentHostile Work EnvironmentNegligenceNegligent HiringNegligent SupervisionSummary JudgmentEmployer LiabilityConstructive KnowledgeDiscriminationNew York City Human Rights Law
References
8
Case No. MISSING
Regular Panel Decision

Health Acquisition Corp. v. Program Risk Management Inc.

The plaintiffs, home health care companies (Health Acquisition Corp., Bestcare, Inc., and Aides at Home, Inc.), sued various defendants, including accounting firm DeChants, Fuglein & Johnson, LLP (DFJ) and actuarial firm SGRisk, LLC, for professional negligence and negligent misrepresentation. The suit arose after the self-insurance trust they were members of became insolvent, leading to significant assessments from the Workers' Compensation Board. Plaintiffs alleged defendants concealed the trust's true financial state and their liability risks. The Supreme Court initially dismissed claims against DFJ and SGRisk. However, the appellate court reversed this decision, finding the complaint adequately alleged "near-privity" and negligence against both firms, even clarifying that actuaries could be held liable for common-law negligence despite not being licensed professionals for malpractice claims. A partial appeal concerning leave to amend the complaint was dismissed.

professional negligencenegligent misrepresentationCPLR 3211 (a)motion to dismissgroup self-insurance trustWorkers' Compensation Law § 50joint and several liabilityactuariesaccountantsnear-privity
References
15
Case No. 01-15-01006-CV
Regular Panel Decision
Dec 11, 2015

Professional Advantage Software Solutions, Inc. v. West Gulf Maritime Asociation Inc.

West Gulf Maritime Association (appellee) filed a response opposing Professional Advantage Software Solutions, Inc.'s (appellant) Emergency Motion for Temporary Relief. The appellant sought to halt an upcoming trial to appeal the denial of its motion to compel arbitration. The appellee contends that the appellant waived its right to arbitrate through extensive participation in the litigation process over three years, including numerous motions, discovery, and mediation. The appellee claims significant prejudice due to the appellant's delay and alleged manipulation of arbitral rights. Therefore, West Gulf Maritime Association requests the court to deny the appellant's motion for temporary relief and allow the case to proceed to trial.

Arbitration WaiverEmergency MotionTemporary ReliefSoftware DisputeMaritime IndustryContract LawSummary Judgment MotionEconomic Loss RuleDTPA ExemptionBreach of Warranty
References
62
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