Legal Opinion

Phillips v. Luckenbach Steamship Co.

District Court, S.D. New York

Decided February 26, 1964PublishedCited by 3 opinions

1Opinion of the Court

McLEAN, District Judge.

This is a seaman’s action which, according to the complaint, is brought under the Jones Act (46 U.S.C. § 688). The complaint contains three counts. The first is for personal injuries allegedly sustained by plaintiff by reason of defendant’s negligence and the unseaworthiness of defendant’s vessel. The second is for maintenance and cure. The third is for defendant’s alleged failure to furnish plaintiff adequate medical care.

Defendant moves for summary judgment dismissing all three counts on the ground that they are barred by the statute of limitations and by laches.

The…

2Cases cited8 opinions

  1. Cortes v. Baltimore Insular Line, Inc.Supreme Court of the United States · 1932
  2. Gardner v. Panama RailroadSupreme Court of the United States · 1951
  3. McAllister v. Magnolia Petroleum Co.Supreme Court of the United States · 1958
  4. Demetrios Larios v. Victory Carriers, Inc., and Alexander S. Onassis Corp., and Boyd, Weir & Sewell, Inc., and Cia, Salaminia De Naviera S.A.Court of Appeals for the Second Circuit · 1963
  5. Andrew Oroz v. American President Lines, Ltd.Court of Appeals for the Second Circuit · 1958

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Izquierdo v. Cities Service Oil Co. (Pa.)District Court, S.D. New York · 1965
  2. Taddeo v. TaddeoSupreme Court of Vermont · 1982
  3. Ronda Compania Maritima S.A. v. M/V DagaliDistrict Court, S.D. New York · 1964

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