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' negligence.
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 defendant's 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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