Lester P. Comeaux, Sr. v. T.L. James & Company, Inc. And Highlands Insurance Company

Recognizing the difficulties the Court’s opinion might create in the trial of cases involving joinder of Jones Act and unseaworthiness claims, the Court sua sponte stayed issuance of the mandate in order to consider these problems further. Having fully reviewed the prior opinion, see Comeaux v. James, 666 F.2d 294 (5th Cir.1982), the Court supplements it by adding the following:

The “producing cause” FELA standard, used for Jones Act negligence, facilitates proof by the employee, incorporating any cause regardless of immediacy. Plaintiff’s burden of proving such cause is “featherweight,” Davis…