Legal Opinion

Wamsley v. Tonomo Marine, Inc.

District Court, S.D. West Virginia

Decided October 22, 2003No. CIV.A. 3:03-0613Published

1Opinion of the Court

ORDER

CHAMBERS, District Judge.

Pending is the plaintiffs’ Motion to Remand the above-styled action to the Circuit Court of Mason County, West Virginia. For the reasons stated below, the Court GRANTS the motion.

RELEVANT FACTS

Plaintiff, Johnnie A. Wamsely, was injured on March 16, 2000, while performing his job duties on the Kanawha River as an employee of defendant, Tonomo Marine, Inc. Plaintiffs filed a complaint in the Circuit Court of Mason County, West Virginia under 46 U.S.C.App. § 688(a) of the Jones Act. The complaint also included allegations of unseaworthiness, maintenance & cure, and…

2Cases cited17 opinions

  1. Romero v. International Terminal Operating Co.Supreme Court of the United States · 1959
  2. Mitchell v. Trawler Racer, Inc.Supreme Court of the United States · 1960
  3. Baltimore Steamship Co. v. PhillipsSupreme Court of the United States · 1927
  4. Calmar Steamship Corp. v. TaylorSupreme Court of the United States · 1938
  5. Lewis v. Lewis & Clark Marine, Inc.Supreme Court of the United States · 2001

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