United States Eighth Circuit

District court erred in granting employer summary judgment on claim for maintenance and cure as there was sufficient evidence to create jury issue as to: 1) whether plaintiff failed to disclose medical information about a preexisting condition; 2) whether employer was negligent under the Jones Act; and 3) the vessel's seaworthiness.

Appellate Information

• Decided 09/09/2002
• Published 09/09/2002

Judges

• HEANEY, Circuit Judge., Before MORRIS SHEPPARD ARNOLD, HEANEY and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Dennis M. O'Bryan, argued, Birmingham, MI, for appellant.


• For Appellees:
  
• Eileen M. Joyce, argued, Cleveland, OH, for appellee.