Messier v. Bouchard Transp., No. 10-5181 (2d Cir. 2012)Annotate this Case
Plaintiff, a seaman, contracted lymphoma and sued his former employer, a tugboat operator, seeking maintenance and cure. The doctrine of maintenance and cure concerns the vessel owner’s obligation to provide food, lodging, and medical services to a seaman injured while serving the ship. Undisputed evidence established that the seaman had lymphoma during his maritime service, but the disease did not present any symptoms at all until after his service. The district court granted summary judgment for the tugboat operator. The Second Circuit reversed. Because the seaman’s illness indisputably occurred during his service, he is entitled to maintenance and cure regardless of when he began to show symptoms.
The court issued a subsequent related opinion or order on August 15, 2012.