Legal Opinion

Hamilton v. United States

District Court, E.D. Texas

Decided April 8, 1996No. 1:95-CV-079Published

1Opinion of the Court

MEMORANDUM OPINION

COBB, District Judge.

The Plaintiff, Ernest Hamilton, seeks to recover damages sustained while serving aboard the USNS CARIBBEAN. The injuries were the result of an altercation between Hamilton and fellow seaman Thomas Beathard. The Plaintiff seeks recovery from the United States based on negligence and vicarious liability under the Jones Act and based on breach of the warranty of seaworthiness. Defendant’s Motion for Summary Judgment is in part granted with respect to the seaworthiness claim and denied on the negligence claims.

FACTS

Ernest Hamilton and Thomas Beathard were…

2Cases cited18 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  5. Miles v. Apex Marine Corp.Supreme Court of the United States · 1990

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