United States Second Circuit

In plaintiff's suit against his former employer, a tugboat operator, seeking maintenance and cure for contracting lymphoma while working as a seaman for the defendant, the district court erred in granting summary judgment for the defendant in concluding that the disease did not "manifest" itself during the plaintiff's service, as plaintiff's illness indisputably occurred during his service and thus, he is entitled to maintenance and cure regardless of when he began to show symptoms.

Appellate Information

• Decided 07/20/2012
• Published 07/20/2012

Judges

• Hall

Court

• United States Second Circuit

Counsel