[DOWNLOAD] "Mcclow v. Warrior & Gulf Navigation Co." by Eleventh Circuit U.S. Court of Appeals " eBook PDF Kindle ePub Free

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eBook details

• Title: Mcclow v. Warrior & Gulf Navigation Co.
• Author : Eleventh Circuit U.S. Court of Appeals
• Release Date : January 19, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

After he was injured, plaintiff-appellant John D. McClow brought suit under the Jones Act, 46 U.S.C. sec. 688, and general maritime law. This appeal challenges a jury verdict and judgment in favor of defendant-appellee Warrior & Gulf Navigation Co. (""Warrior & Gulf""). McClow argues that, at trial, the district court gave improper jury instructions regarding the appropriate standard of causation and burden of proof. We disagree and find no reversible error based upon the Record before us.1 Before discussing the specific facts surrounding this case, we address an initial contention raised by McClow. McClow challenges our precedent in Spinks v. Chevron Oil Co., 507 F.2d 216 (5th Cir. 1975), modified, 546 F.2d 675 (5th Cir. 1977).2 In Spinks we adopted a ""substantial factor"" standard of causation for ""unseaworthiness"" claims brought under general maritime law. Spinks, 507 F.2d at 222-23. Jones Act claims, on the other hand, involve a less demanding standard of causation: ""causation may be found if the defendant's acts or omissions played any part, no matter now small, in bringing about the injury."" Joyce v. Atlantic Richfield Co., 651 F.2d 676, 685 (10th Cir.1981) (citing Spinks, supra, in describing the different standards of causation under Jones Act and general maritime law claims); see also Spinks, 507 F.2d at 222-23. In effect, McClow urges that we apply the lesser Jones Act standard of causation to general maritime law claims.3 This we decline to do, as we remain bound by precedent.

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