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Deering v. Nat'l Maint. & Repair, Inc., 10-1716

By FindLaw Staff on December 02, 2010 3:58 PM

Employer's counterclaim against riverboat pilot for damages forbidden under the Jones Act

Deering v. Nat'l Maint. & Repair, Inc., 10-1716, concerned a plaintiff's suit under the Jones Act against his employer for injuries sustained in an accident aboard a towboat.  In affirming the district court's dismissal of the employer's counterclaim against plaintiff for damages caused to the boat, the court held that the combining of a property-damage counterclaim with a limitation of liability in order to wipe out a substantial personal injury claim under the Jones Act is a liability-exempting device forbidden by the Act.

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