Hartley Law Group recently prevailed on behalf of a tankerman in resisting a motion for
summary judgment in an action brought under the Jones Act (46 U.S.C. § 30104).
Plaintiff asserted that he was a Jones Act seaman as that term is defined
by the United States Supreme Court, and that he contracted cancer as a
result of his work aboard defendants' vessels due to defendants'
Defendants contended that plaintiff was a tankerman and therefore not entitled
to the benefit of the Jones Act provisions.
The Circuit Court of Marshall County, West Virginia ruled that a jury should
decide whether plaintiff was in fact a seaman under the Jones Act, and
denied defendants motion.
See Mel Oliver v. American Commercial Lines, Inc., et al. Marshall County, W.Va. Circuit Court, Civil Action No. 12-C-125H (June 3, 2014)
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