Legal Opinion

Silmon v. Can Do II, Inc.

Court of Appeals for the Fifth Circuit

Decided July 25, 1996No. 95-30818PublishedCited by 23 opinions

1Opinion of the Court

W. EUGENE DAVIS, Circuit Judge:

Appellant, a member of the crew of the MTV CAN DO II, appeals the dismissal of his maintenance and cure claim which the district court rejected because his illness was due solely to Ms own willful misconduct. We affirm.

I

On October 15,1990, Timothy Scott Silmon began employment as a crew member aboard the MW CAN DO II, a vessel owned by defendant, Can Do II, Inc. For the first ten days, Silmon performed his work without incident. On the evening of October 24, 1990, Silmon was transferring supplies, including leftover food and a five gallon jug of water, from an…

2Cases cited12 opinions

  1. Aguilar v. Standard Oil Co. of NJSupreme Court of the United States · 1943
  2. Warren v. United StatesSupreme Court of the United States · 1951
  3. Bertram v. Freeport McMoran, Inc.Court of Appeals for the Fifth Circuit · 1994
  4. Peterson v. The ChandosDistrict Court, D. Oregon · 1880
  5. Anthony C. Prudhomme v. Tenneco Oil Co., Booker Drilling Co., D/B/A Grace Offshore Co.Court of Appeals for the Fifth Circuit · 1992

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

3Cited by23 opinions

  1. Jon Anthony Jauch, Plaintiff-Appellant-Cross-Appellee v. Nautical Services, Inc., Defendant-Appellee-Cross-AppellantCourt of Appeals for the Fifth Circuit · 2006
  2. Boudreaux v. USACourt of Appeals for the Fifth Circuit · 2002
  3. Janet Greenwell v. Aztar Indiana Gaming Corporation, Doing Business as Aztar Casino, Third-Party v. Matthew B. Kern and Gregory J. Loomis, Third-PartyCourt of Appeals for the Third Circuit · 2001
  4. Johnson v. Cenac Towing, Inc.District Court, E.D. Louisiana · 2009
  5. Lundborg v. Keystone Shipping Co.Washington Supreme Court · 1999

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

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