Hanks v. Luhr Bros., Inc.

Any seaman hurt on the job can sue for damages and, at his election, have a jury decide the outcome. 46 U.S.C. app. § 688 (1994). When Congress passed the Jones Act, it made trial by jury a matter for the seaman to decide. Congress wanted the seaman’s employer to abide by that decision. Allen v. Norman Brothers, Inc., 286 Ill. App. 3d 1091, 678 N.E.2d 317 (1997).

Here, a Jones Act plaintiff wanted the judge rather than a jury to decide his case. Luhr Brothers, Inc. (Luhr), wanted a jury to decide it. The judge struck Luhr’s jury demand and heard the case. He found for plaintiff and awarded…