Donald W. Melton v. Maritime Overseas Corporation

Donald W. Melton, plaintiff below, a merchant seaman, sought to recover damages for personal injuries allegedly sustained while employed and serving on board defendant’s vessel.

In May 1969, at a pretrial conference, the case was set for trial on November 25, 1969. Between these dates Melton’s counsel wrote four letters to advise and remind plaintiff of the trial date, the fourth letter having ^been sent on November 4, 1969. The record discloses that these communications were received.

Immediately prior to the trial date plaintiff’s counsel learned for the first time that plaintiff was then on…