United States Second Circuit

An award under the Jones Act and general principles of maritime law, for injuries sustained as a result of negligence and unseaworthiness while working as a seaman on a naval ship, is vacated to the extent it 1) awarded plaintiff maintenance in excess of the amount specified in a collective bargaining agreement, and 2) failed to discount to present value an award of future wages and medical expenses.

Appellate Information

• Decided 08/29/2003
• Published 08/29/2003

Judges

• KEARSE, Circuit Judge., Before:  VAN GRAAFEILAND, KEARSE, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Barbara Matthews, New York, New York (Paul C. Matthews, New York, New York, on the brief) for Plaintiff-Appellant-Cross-Appellee., John Ingram, New York, New York (Julie Pateman Ward, Healy & Baillie, New York, New York;  Robert D. McCallum, Jr., Assistant Attorney General, Debra J. Kossow, Senior Admiralty Counsel, United States Department of Justice, Washington, D.C.;  Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, Brooklyn, New York, on the brief) for Defendant-Appellee-Cross-Appellant.