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

W. EUGENE DAVIS, Circuit Judge:

Henry A. Plaisanee, Jr. and his wife appeal the dismissal of their action under the Jones Act and general maritime law to recover for emotional injuries unaccompanied by any physical injury. A panel of this court held that the Jones Act allows recovery for purely emotional injuries but affirmed the dismissal of the Plaisances’ claim. Upon rehearing en banc, we affirm dismissal of the suit but hold that the facts of this case make it unnecessary for us to decide whether the Jones Act permits recovery for purely emotional injuries.

I

In January 1989, Mr. Plaisanee,…