Spinks v. United States Lines Co.

BONSAL, District Judge.

Plaintiff moves under Fed.R.Civ.P. 12 (f) to strike the fifth defense from defendant’s answer. Plaintiff alleges he was injured while employed as a crew member aboard defendant’s ship. He seeks damages for personal injuries for negligence under the Jones Act (46 U.S.C. § 688) and for unseaworthiness under the general maritime law. The fifth defense is as follows:

“NINETEENTH: That the plaintiff’s employment aboard the SS SOUTHSTAR was procured by fraud in that at or before the time of plaintiff’s hiring, plaintiff knew he was bodily and physically unfit and unable, then…