Bunting v. Odyssea Marine, Inc., No. 2:2023cv01712 - Document 19 (E.D. La. 2024)
Court Description: ORDER & REASONS granting 17 Motion for Summary Judgment. ORDERED that Bunting's state-law claims are DISMISSED WITH PREJUDICE. Signed by Judge Barry W Ashe on 4/11/2024. (clc)
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Bunting v. Odyssea Marine, Inc. Doc. 19 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA DAMON BUNTING CIVIL ACTION VERSUS NO. 23-1712 ODYSSEA MARINE, INC. SECTION M (4) ORDER & REASONS Before the Court is a motion for summary judgment filed by defendant Odyssea Marine, Inc. (“Odyssea”), seeking dismissal of plaintiff’s Louisiana state-law claims.1 Odyssea argues that, because plaintiff Damon Bunting was a seaman when he was allegedly injured, the Jones Act provides his exclusive remedy for negligence against his employer and the general maritime law provides his exclusive remedy for unseaworthiness and negligence against the vessel and vessel owner.2 Bunting responds, stating that, because Odyssea has admitted that he is a Jones Act seaman, he does not oppose the motion for summary judgment.3 Accordingly, because Bunting, a Jones Act seaman, agrees that he does not have state-law remedies against his employer, the vessel, or the vessel owner, IT IS ORDERED that the motion for summary judgment (R. Doc. 17) is GRANTED and Bunting’s state-law claims are DISMISSED WITH PREJUDICE. New Orleans, Louisiana, this 11th day of April, 2024. ________________________________ BARRY W. ASHE UNITED STATES DISTRICT JUDGE 1 R. Doc. 17. R. Doc. 17-1 at 3-4. 3 R. Doc. 18. 2 Dockets.Justia.com
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