United States First Circuit

Summary judgment for defendant vessel in a maritime case involving wounds sustained during and after a fishing accident is reversed where: 1) expert testimony created an issue of material fact and supported the plaintiff's allegations; 2) plaintiff carried his burden under the Jones Act to show on summary judgment that defendant's negligence caused his injuries; and 3) the matter of possible intervening causes of defendant's injury was a matter for the jury.

Appellate Information

• Decided 07/11/2006
• Published 07/11/2006

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, LYNCH and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• David B. Kaplan, with whom The Kaplan/Bond Group was on brief, for appellant.


• For Appellees:
  
• Joseph A. Regan, with whom Syd A. Saloman and Regan & Kiely LLP, were on brief, for appellee.