McAlpin Tanner Marcotte Granted Summary Judgement On “SEAMAN STATUS” Case.
McAlpin Tanner Marcotte granted summary judgment on “seaman status” case.
Attorneys at McAlpin Tanner Marcotte successfully obtained a summary judgment ruling for one of their cruise line clients which significantly reduced their client’s exposure.
A personal injury plaintiff brought suit against the cruise line and alleged that he was a “seaman” who was entitled to special remedies under U.S. general maritime law, such as the right to sue for “maintenance and cure,” sue under the Jones Act and bring a claim for the alleged “unseaworthiness” of the cruise ship.
Attorneys Richard J. McAlpin and L. Alex Perez sought a declaratory judgment in federal court to establish that the plaintiff was not entitled to special “seaman status.” Mr. McAlpin and Mr. Perez argued that, although the plaintiff performed most of his work on seagoing vessels owned by several different vessel owners, the plaintiff did not meet the legal test for “seaman status” set forth by the U.S. Supreme Court because the plaintiff spent an insufficient amount of time working for the cruise line which he claimed caused his injuries.
U.S. District Court Judge Cecilia Altonaga agreed with McAlpin Tanner Marcotte’s argument and legal analysis. See the Court’s Order, here: DE 36 – Order Granting MFSJ