Manderson v. Chet Morrison Contr, Inc., No. 10-31063 (5th Cir. 2012)Annotate this Case
Plaintiff, an engineer aboard defendant's dive vessel, challenged the denial of his claims under the Jones Act, 46 U.S.C. 30104, et seq., and general maritime law and of his costs. Defendant challenged the amount plaintiff was awarded for cure and his being awarded attorney's fees, including the amount. Based on the court's review of the record, the court held that the denial of plaintiff's Jones Act and general maritime law claims were not clearly erroneous. In regard to plaintiff's challenge of the district court's application of the collateral-source rule in determining the amount of cure awarded him, the court held that, regardless of what plaintiff's medical providers charged, those charges were satisfied by the much lower amount paid by his insurer. Consequently, the district court erred by awarding the higher, charged amount. The court also held that the district court clearly erred in finding defendant arbitrary and capricious in denying maintenance and cure to plaintiff. The district court did not abuse its discretion in denying plaintiff's Rule 54(d) motion for costs.