We previously issued a post regarding a welding foreman at a shipyard on the Mississippi River who brought claims under the Jones Act for negligence and under the general maritime law for unseaworthiness, maintenance and cure and punitive damages for the alleged failure to pay maintenance and cure. A significant judgment was issued by a Louisiana state court in July of 2021. Based upon the efforts of Georges Legrand and Trevor Cutaiar, that judgment was overturned by the Louisiana First Circuit Court of Appeal.
Subsequent to that ruling, the plaintiff applied for a writ of certiorari to the Louisiana Supreme Court, which was denied. His right to file an application for writ of certiorari to the U.S. Supreme Court recently lapsed and the dismissal of his claims under the Jones Act and general maritime law is now final. We believe this decision will provide favorable precedent when an employer is defending claims by shipyard workers who are claiming seaman status.
Clarence Jackson v. Plaquemine Point Shipyard, LLC and Starr Indemnity & Liability Company