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Date: 07-28-2022
Case Style:
Case Number: 20-2073
Judge: Barron
Court: United States District Court for the District of Massachusetts (Suffolk County)
Defendant's Attorney: Joseph A. Regan, Francis G. McSweeney
Description: Boston, Massachusetts personal injury lawyers represented Plaintiff, who sued Defendants on Jones Act theories.
Magnus Aadland brought in the United States District Court for the
District of Massachusetts against the owners of a fishing vessel
on which he was a seaman. He alleges that the owners breached a
federal common law obligation under admiralty law that is known as
the duty of cure. He contends that they did so by failing to pay
him adequately for the costs of the medical care that he received
after he fell ill from an infection that he acquired while working
aboard their vessel. He further alleges that, even if the
defendants did satisfy their duty of cure through various payments
that they made to him and his private health insurer, they so
delayed in doing so that he is entitled to compensatory damages
for emotional distress, punitive damages, and attorney's fees.
The District Court granted judgment to the defendants after a bench
trial.
Outcome: Vacated and remanded.
Plaintiff's Experts:
Defendant's Experts:
Comments: