United States Fifth Circuit

In a suit arising from injuries sustained by plaintiff while working as a seaman for defendant, judgment and damages for plaintiff are vacated and remanded where: 1) plaintiff's Jones Act negligence claim was not barred by his failure to disclose prior medical conditions at hiring; 2) contributory negligence is a defense to a Jones Act claim, and remand was necessary for consideration of plaintiff's possible contributory negligence; and 3) payments to plaintiff by a health insurance plan were from a collateral source and could not be used by defendant to offset the damages owed.

Appellate Information

• Decided 09/24/2008
• Published 09/24/2008

Judges

• EDITH H. JONES, Chief Judge:, Before JONES, Chief Judge, and GARWOOD, and JOLLY, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• James Edmon Cazalot, Jr. (argued), Law Offices of H. Edward Sherman, New Orleans, LA, for Johnson.


• For Appellees:
  
• Randolph J. Waits (argued), Emmett, Cobb, Waits & Henning, New Orleans, LA, for Defendant-Appellant.