Luwisch v. American Marine Corp., No. 19-30499 (5th Cir. 2020)Annotate this Case
The Fifth Circuit affirmed the district court's finding that American Marine was liable for most of plaintiff's injuries. Plaintiff was working as a seaman for American Marine when he was injured on board a vessel owned by the employer.
The court held that American Marine has failed to demonstrate that the district court’s finding of unseaworthiness was clear error; American Marine failed to establish that plaintiff's accident was mostly his own fault where the district court clearly evaluated the evidence and made no inconsistent findings about causation, finding plaintiff 20 percent at fault; American Marine failed to carry its burden of demonstrating clear error in the district court's choice between competing experts; the district court's finding of diminished earning capacity was not clearly erroneous; in regard to the district court's award of past medical expenses because of American Marine's negligence, plaintiff's failure to prove that he was obliged to reimburse his attorneys for his medical expenses is irrelevant; and the district court did not clearly err in crediting plaintiff's testimony about his current condition.