Legal Opinion
Balbino Jimenez Garay v. Carnival Cruise Line, Inc.
Court of Appeals for the Eleventh Circuit
Decided July 10, 1990No. 89-5319PublishedCited by 22 opinions
1Opinion of the Court
KRAVITCH, Circuit Judge:
Balbino Jimenez Garay (“Garay”), a seaman on board the vessel Tropicale, chartered by Carnival Cruise Lines, Inc. (“Carnival”), suffered severe head injuries when he fell down a flight of stairs on board the ship. Garay sued Carnival on the basis of maintenance and cure, and Jones Act negligence (including a claim for failure to provide adequate treatment) and unseaworthiness. Carnival asserted as a defense to maintenance and cure that the seaman had suffered injury as the result of his own willful misconduct, and the district court refused to grant Garay’s motion for…
2Cases cited19 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
- Aguilar v. Standard Oil Co. of NJSupreme Court of the United States · 1943
- Farrell v. United StatesSupreme Court of the United States · 1949
- Vella v. Ford Motor Co.Supreme Court of the United States · 1975
14 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- United States v. Antonio Lavere ThomasCourt of Appeals for the Eleventh Circuit · 1990
- Mario Flores v. Carnival Cruise LinesCourt of Appeals for the Eleventh Circuit · 1995
- Pollgreen v. MorrisCourt of Appeals for the Eleventh Circuit · 1990
- Collins Ex Rel. Estate of Knowlton v. Marriott International, Inc.Court of Appeals for the Eleventh Circuit · 2014
- Michael G. Olsen v. American Steamship CompanyCourt of Appeals for the Sixth Circuit · 1999
17 more not listed; retrieve them via the Exa API.