The Jones Act, Seaman & Magnolia Fleet case is about an alleged seaman that filed a lawsuit under the Jones Act in the United States District Court, E.D. Louisiana.
A brief summary of the Jones Act, Seaman & Magnolia Fleet case includes:
- This action arises out of an incident on December 30, 2015 in which the M/V PINTAIL capsized, allegedly causing the death of James D. Swafford.
- On June 30, 2016, Magnolia Fleet, L.L.C., as Owner, and River Construction, Inc., as Operator, of the M/V PINTAIL (collectively, “Petitioners”) filed a Complaint for Exoneration or Limitation of Liability.
- On July 12, 2016, this Court issued a stay of the prosecution of any proceedings outside of the limitation action. Claimants Carla Guileyardo, Jeffrey Jenkins, American Longshore Mutual Association, Ltd., and Carl Swafford answered with claims in this matter.
- In the instant Motion, Petitioners seek dismissal of all claims by Carl Swafford (“Swafford”), the decedent’s father. Swafford has brought claims for loss of future earnings, mental and emotional pain and suffering, loss of consortium, loss of love and affection, punitive damages, and pecuniary damages.
- Petitioners allege that Swafford cannot recover any of these damages, and therefore his claims must be dismissed. (Swafford is not a seaman and is not entitled to maintenance and cure benefits.)
For more on the Jones Act Case – See Jones Act, Seaman & Magnolia Fleet
CASE WATCH℠ is a compilation of Jones Act cases nationwide.
Case Watch is provided for the seaman and others as a source of information about various situations in which seaman have been injured while performing their jobs aboard a vessel, ship, platform etc. The seaman have usually sought remedies (unseaworthiness and maintenance and cure) under general maritime law and the Jones Act.
We hope that it is both helpful and informative.
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If you have been injured and/or have been diagnosed with a serious disease (e.g., leukemia, kidney cancer, bladder cancer, mesothelioma) while working as a seaman, and need an admiralty, jones act and/or maritime lawyer to help you file a Jones Act lawsuit, please contact our office at 1.800.672.4916.