Legal Opinion

Mr. & Mrs. Henry Plaisance, Jr. v. Texaco, Inc.

Court of Appeals for the Fifth Circuit

Decided August 9, 1991No. 90-3183PublishedCited by 47 opinions

1Opinion of the Court

POLITZ, Circuit Judge:

Today we determine whether there can be recovery under the Jones Act for a purely emotional injury. Concluding for the reasons assigned that such recovery is permissible, but that the claims of appellants herein factually do not qualify, we reach the same result as did the district court and affirm its dismissal.

Background

Henry A. Plaisance, Jr. had over 30 years experience as a tugboat captain, the last 10 of which had been in the employ of Crosby Marine Service, Inc., when, on January 29, 1989, he allegedly sustained a significant emotional injury as a result of an…

2Cases cited22 opinions

  1. Urie v. ThompsonSupreme Court of the United States · 1949
  2. Dillon v. LeggCalifornia Supreme Court · 1968
  3. Atchison, Topeka & Santa Fe Railway v. BuellSupreme Court of the United States · 1987
  4. Dice v. Akron, Canton & Youngstown RailroadSupreme Court of the United States · 1952
  5. Paugh v. HanksOhio Supreme Court · 1983

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3Cited by47 opinions

  1. Davis v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1998
  2. Camper v. MinorTennessee Supreme Court · 1996
  3. Chan v. Society Expeditions, Inc.Court of Appeals for the Ninth Circuit · 1994
  4. Theodore M. Ellenwood v. Exxon Shipping Co., State of Maine, Intervenor. Theodore M. Ellenwood v. Exxon Shipping Co., State of Maine, IntervenorCourt of Appeals for the First Circuit · 1993
  5. Mr. & Mrs. Henry Plaisance, Jr. v. Texaco, Inc.Court of Appeals for the Fifth Circuit · 1992

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