Adam Donahue v. Gnots-Reserve, Inc.

Summary

The United States District Court for the Eastern District of Louisiana denied the defendant's motions for partial summary judgment concerning maintenance and cure, Jones Act negligence, and unseaworthiness. The court found material factual disputes regarding whether the plaintiff concealed a prior hand condition and whether the onboard incident caused his injury. The court also denied leave to file a counterclaim for recovery of maintenance and cure payments, while allowing the defendant to amend its answer to assert an offset defense.

Holdings

1. Summary judgment was inappropriate because a material factual dispute existed regarding whether Plaintiff intentionally concealed a prior hand condition. The evidence did not establish as a matter of law that the prior hand mass was an 'abnormal growth' that Plaintiff was required to disclose.
2. Summary judgment was inappropriate because Plaintiff presented sufficient evidence from which a jury could reasonably infer that the cable incident caused his hand injury.
3. Defendant could not pursue an independent counterclaim for recovery of maintenance and cure payments, attorney's fees, costs, expenses, or interest.
4. Defendant could amend its answer within fourteen days to assert an affirmative defense of offset for maintenance and cure payments that it believed Plaintiff was not entitled to receive.

Questions Presented

1. Whether summary judgment was proper on the maintenance and cure claim based on the McCorpen defense.
2. Whether summary judgment was proper on the Jones Act negligence and unseaworthiness claims because Plaintiff could not establish causation or damages.
3. Whether Defendant could amend its pleadings to assert a counterclaim for recovery of maintenance and cure payments, attorney's fees, costs, expenses, and interest.
4. Whether Defendant could assert an offset defense for maintenance and cure payments against any judgment awarded to Plaintiff.

Disposition

other