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· 9/4/2015

Mark Barto v. J. Ray McDermott Intl Vessels

Citations

  • 801 F.3d 465
  • 2015 A.M.C. 2286
  • 2015 U.S. App. LEXIS 15810
  • 2015 WL 5199949

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • rejecting argument that district court “somehow sua sponte settled upon an incorrect legal standard” “[u]pon a review of the entire record”
  • bringing into question whether specific testimony that a plaintiff intended to work until a certain age was sufficient to establish individual circumstances sufficient to show plaintiff would work longer than statistical work life estimates
  • finding surgery to remove pressure from nerve sac would better seaman’s condition “by curing the root cause of his pain rather than merely correcting the symptom (pain)” and “was therefore curative rather than merely palliative in nature”
  • The court found an award of $400,000 was appropriate where plaintiff’s lumbar injury and subsequent surgery resulted in continued pain and “permanent restriction of normal living – normal life activities and so forth.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Benavides, Clement, Higginson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.