Frank Brooks v. Raymond Dugat Company L C

DeMOSS, Circuit Judge.

On May 1, 2001, Appellant Frank Brooks (“Brooks”) brought suit against Appellee Raymond Dugat Company L C, (“Dugat”), claiming a cause of action for maintenance and cure under the General Maritime Law for a slip and fall he suffered on the M/V AMANDA on June 2, 1998. Brooks had filed a similar suit, including a claim for maintenance and curé, against Dugat in May of 2000 but voluntarily moved to dismiss all of his claims with prejudice. The operative facts and maintenance and cure causes of action are the same in both suits.

On January 15, 2002, Dugat filed a Motion for…