Awards and Honors
Martindale Hubbell - AV rated lawyer - Best Rating Possible
Multi-Million Dollar Advocates Forum
AVVO Top Rated Personal Injury Attorney, 10 of 10
ATLA Top 100
Lawyers.com - Rated 5.0 out of 5.0 - Top Rating Possible
National Trial Lawyers - Top 100 Trial Lawyers
Million Dollar Advocates Forum
American Society of Legal Advocates - Top 100 - 2014
Marquis' Who's Who in the World, Who's Who in America and Who's Who in American Law
AVVO Clients' Choice Personal Injury Lawyer
American Society of Legal Advocates - Top 100 - 2013
441. Common law defenses
Common law defenses to assault are available to employer in action under 46 USCS Appx section 688 for assault on plaintiff. Escandon v Pan American Foreign Corp. (1937, CA5 Tex) 88 F2d 276.
442. --Last clear chance
In action under 46 USCS Appx section 688 to recover for injuries sustained while employed as seaman on vessel, it was for jury to determine whether crew of ship involved in collision had last clear chance. Curtis Bay Towing Co. of Virginia, Inc. v Mansfield (1953, CA4 Va) 207 F2d 859.
Defendant's contention that plaintiff committed "fraud" in failing to reveal prior injury and surgery, which vitiates his employment contract and destroys his claim under 46 USCS Appx section 688, was not available because dominant Congressional policy of compensating injured workers overrides alleged fraud in forming employment relationship. Compton v Luckenbach Overseas Corp. (1970, CA2 NY) 425 F2d 1130, 14 FR Serv 2d 165, cert den 400 US 916, 27 L Ed 2d 155, 91 S Ct 175.
444. Miscellaneous defenses
Jones Act seaman who is injured while performing seaman's work aboard ship owner's vessel, in which he is not crew member, cannot sue ship owner for unseaworthiness on same theory that longshoreman can sue nonemploying shipowner, but can sue for breach of duty. Smith v Harbor Towing & Fleeting, Inc. (1990, CA5 La) 910 F2d 312, reh den, en banc (CA5) 1990 US App LEXIS 18755.
Defense of independent contractor was not expressly abolished by 46 USCS Appx section 688, nor does language in section 688 impliedly have that effect as to incidental matters such as cleaning of oil tanks. Pietryzk v Dollar S.S. Lines, Ltd. (1939) 31 Cal App 2d 584, 88 P2d 783.
Even if defense of unavoidable accident is available in 46 USCS Appx section 688 cases predicated upon negligence, if evidence does not raise issue that something other than negligence of party to event caused injury, issue on unavoidable accident should not be submitted to jury. Continental Oil Co. v Lindley (1964, Tex Civ App Houston (1st Dist)) 382 SW2d 296, writ ref n r e.
Suit may not be brought against state or state universities in its own courts under 46 USCS Appx section 688 without its consent; waiver of immunity is matter for legislature to determine. Lyons v Texas A & M University (1976, Tex Civ App Houston (14th Dist)) 545 SW2d 56, writ ref n r e.
Jones Act - TABLE OF CONTENTS
Accident Lawyer Hawaii
Law Office of
William H. Lawson
1188 Bishop St. Suite 2902
Honolulu, HI 96813
New client hotline:
Pearl City, Aiea and Waipahu:
Main business phone:
Directions to Honolulu office
HI accident news
Court cases re:
Hawaii accident law
Products Liability - Cases & Comment
Jones Act- maritime law and seaman cases
The Constitution Of The State Of Hawaii
Recent Personal Injury and Car Accident News
In the case of Tracey v. Solesky, 427 Md. 627, 50 A.3d 1075 (Md., 2012), the Court of Appeals of Maryland held that pit bull owners and harborers have strict liability for attacks on humans by their dogs. Massachusettes had previously established a similar policy. Cute pit bulls? Not hardly. Historically the dogs were bred to be weapons. They regularly maim and kill. Some courts are finally holding that owners and harborers of this particular breed are required to compensate their victims when their pit bulls wrongfully injure or kill - without the traditional "one free bite".