Legal Opinion
Domingo Guevara v. Maritime Overseas Corporation
Court of Appeals for the Fifth Circuit
Decided November 4, 1994No. 92-4711PublishedCited by 18 opinions
1Per curiam
In this case we uphold an injured seaman’s recovery of damages under the Jones Act. Fifth Circuit precedent also compels us to uphold an award of punitive damages for the shipowner’s failure to timely pay maintenance and cure.
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Facts and Proceedings Below
Plaintiff-appellee Domingo Guevara (Guevara) was injured on May 29, 1990, while serving as a member of the crew on the vessel OVERSEAS PHILADELPHIA, owned and operated by Guevara’s employer, defendant-appellant Maritime Overseas Corporation (Maritime). The crew was preparing the ship to sail from Freeport, Texas, and Guevara was helping to…
2Cases cited29 opinions
- Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
- Miles v. Apex Marine Corp.Supreme Court of the United States · 1990
- Mobil Oil Corp. v. HigginbothamSupreme Court of the United States · 1978
- Penrod Drilling Corp. v. WilliamsTexas Supreme Court · 1993
- Bryson Properties, XVIII v. Travelers Insurance Co.Supreme Court of the United States · 1992
24 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Guevara v. Maritime Overseas Corp.Court of Appeals for the Fifth Circuit · 1995
- Glynn v. Roy Al Boat Management Corp.Court of Appeals for the Ninth Circuit · 1995
- Atlantic Sounding Co., Inc. v. TownsendCourt of Appeals for the Eleventh Circuit · 2007
- Bridgett v. Odeco, Inc.Louisiana Court of Appeal · 1994
- Maritime Overseas Corp. v. Waiters, Texas Court of Appeals, 1st District (Houston)1995
13 more not listed; retrieve them via the Exa API.