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Poincon v. Offshore Marine Contractors, Inc.

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Court: US Court of Appeals for the Fifth Circuit

Docket: 20-30765

Opinion Date: August 13, 2021

Judge: Jennifer Walker Elrod

Areas of Law: Personal Injury

Plaintiff, an employee of Offshore Marine, injured her neck in a collision caused by REC Marine in 2015. After the plaintiff injured her neck again by slipping and falling on an Offshore Marine vessel in 2018, Offshore Marine sought contribution from REC Marine for the plaintiff’s maintenance and cure.

The Fifth Circuit reversed the district court’s grant of summary judgment in favor of REC Marine, concluding that under governing circuit precedent Offshore Marine has brought forth genuine issues of material fact as to whether REC Marine caused in part plaintiff’s need for maintenance and cure. In this case, the plaintiff’s deposition, her medical records, and Offshore Marine’s proposed expert’s report support the conclusion that the plaintiff had the same neck injury from the time of the 2015 injury onward, and that the 2018 slip and fall simply worsened it to the point of plaintiff needing maintenance and cure. The court remanded for further proceedings.

This case law update is brought to you by Freeway Law auto accident and personal injury lawyers in Orange County. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.

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