Gibbs v. Lewis & Clark Marine, Inc.

Plaintiff, Scott D. Gibbs, filed a complaint against defendant, Lewis & Clark Marine, Inc., alleging claims for negligence under the Jones Act (46 U.S.C.A. § 688 (West 1997)) and for unseaworthiness and maintenance and cure under the general maritime law. Plaintiff did not demand a jury. Defendant filed a timely answer and demanded a jury on all counts of the complaint. In its answer, defendant pleaded an affirmative defense to plaintiffs negligence and unseaworthiness claims, stating, “[I]f Plaintiff Scott G. Gibbs was injured as alleged, said injury was caused in whole or in part by the…