Jones Act Cases from Accident Lawyer Hawaii

Jones Act Cases - Jones Act - Table of Contents

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Jones Act - Table of Contents

The Jones Act - Cases, Decisions and Opinions

Table of Contents





- THE STATUTORY LANGUAGE




- CASE LAW
- I. IN GENERAL


- A. General Principles

- B. Relationship to Other Available Remedies


- 1. Traditional Maritime Remedies

- 2. Remedies Provided by Federal Statute

- 3. Remedies Provided by State or Territorial Law


- C. Applicability to Foreign Ships, Seamen, and Occurrences


- 1. In General

- 2. Place of Injury

- 3. Nationality or Ownership of Vessel


- a. In General

- b. Foreign Ownership

- c. Foreign Flag Vessels Owned or Operated by American Interests


- 4. Nationality of Seaman

- 5. Other Factors



- II. PERSONS ENTITLED TO RECOVER


- A. Seamen


- 1. General Principles


- a. In General

- b. Tests for Determining Status as Seaman


- 2. Employed on "Vessel in Navigation"


- a. In General

- b. Status of Vessel

- c. Particular Vessels


- 3. Particular Persons as Seamen


- B. Representatives or Beneficiaries of Seamen


- III. EMPLOYMENT RELATIONSHIP


- A. In General

- B. Particular Persons or Entities as Employers

- C. Injury as Sustained in Course of Employment


- IV. NEGLIGENCE


- A. In General

- B. Vicarious Liability


- 1. In General

- 2. Particular Acts of Crew


- C. Circumstances of Injury


- 1. Assault


- a. In General

- b. Assaults Among Crew and Officers


- 2. Improper Management and Supervision


- a. In General

- b. Particular Acts Supervised


- 3. Medical Care

- 4. Physical Properties of Vessel and Dock

- 5. Other Circumstances



- V. DEFENSES


- A. Seaman's Acts or Omissions


- 1. Contributory and Comparative Negligence

- 2. Assumption of Risk

- 3. Contributory Negligence and Assumption of Risk Under Particular Circumstances


- B. Release

- C. Limitations of Actions


- 1. Statutory Limitations

- 2. Laches


- D. Collateral Estoppel and Res Judicata

- E. Limitation of Liability

- F. Other Defenses


- VI. DAMAGES


- A. In General

- B. Damages for Personal Injury


- 1. Elements of Damages

- 2. Deductions From Award


- C. Damages for Wrongful Death


- 1. Elements of Damages

- 2. Computation of Award



- VII. PRACTICE AND PROCEDURE


- A. State Court Actions

- B. Jurisdiction


- 1. In General

- 2. Bases of Jurisdiction


- C. Venue


- 1. In General

- 2. Bases of Venue

- 3. Forum Non Conveniens


- D. Election of Alternative Remedies


- 1. In General

- 2. Electing Particular Remedies


- E. Institution of Action

- F. Pleadings and Motions


- 1. Complaint

- 2. Answer

- 3. Motions


- G. Removal and Remand

- H. Discovery

- I. Jury


- 1. Right To Jury Trial

- 2. Submission of Issues


- J. Evidence


- 1. In General

- 2. Plaintiff's Burden of Proof

- 3. Defendant's Burdeon of Proof

- 4. Admissibility of Evidence


- K. Appeal and Review

- L. Settlement




Jones Act - TABLE OF CONTENTS


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Future damages can be hard to prove in a personal injury case. But, nonetheless, the Hawaii courts hold that future damages may be awarded where there is competent medical testimony to demonstrate a future loss (such as a permanent injury or future complications, disability, limitations or pain and suffering). But supporting medical testimony is critical. "We have held that where the issue as to permanency of an injury or as to future pain or suffering is subjective in character, there must be competent expert opinion testimony as to the permanency of an injury or as to future pain and suffering before a jury may be permitted to consider such damages." Bachran v. Morishige, 469 P.2d 808, 813 (Haw. 1970)










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