April 12th, 2017
McBride v. Estis Well Service, LLC
Opinion Date: April 10, 2017
Judge: Catharina Haynes
Areas of Law: Labor & Employment Law, Admiralty & Maritime Law, Personal Injury
This consolidated case under the Jones Act, 46 U.S.C. 883, and general maritime law, involved an accident on a barge in the navigable waterways of Louisiana. Defendant, the barge owner, appealed the district court's judgment for plaintiffs. The court held that evidence supported the district court's award to plaintiff McBride for pre-death fear and conscious pain and suffering, and the district court's award of damages for loss of past and future support was not clearly erroneous. The court also concluded that the district court's award of future cure until plaintiff Touchet reaches maximum medical improvement and for future medical expenses beyond Touchet's maximum medical improvement was not reversible error. Finally, the district court did not clearly err in finding that Touchet was permanently disabled and by awarding damages for lost earnings. Accordingly, the court affirmed the judgment.
Leave a Reply.
Louisiana Law Blog
Louisiana Law, News, Issues and Comments from Attorneys at the Shoultz Law Firm