United States Sixth Circuit

Summary judgment for defendants on claims of unseaworthiness in violation of general maritime law, and negligence in violation of the Jones Act brought by plaintiff, a cook working aboard defendants' ship, is reversed where plaintiff's own negligence in an accident did not provide an adequate basis on which to grant summary judgment, and plaintiff presented sufficient evidence such that she could prevail on both claims at trial.

Appellate Information

• Decided 04/21/2006
• Published 04/21/2006

Judges

• Before:  MARTIN and CLAY, Circuit Judges;  SARGUS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Bobby R. Miller, Jr., Gault, Marshall & Miller, Paducah, Kentucky, for Appellees.   ON BRIEF:  John J. Osterhage, Lawrence & Schletker, Warsaw, Kentucky, for Appellant.  Bobby R. Miller, Jr., E. Spivey Gault, Gault, Marshall & Miller, Paducah, Kentucky, for Appellees.