Jones Act negligence claim in Louisiana

1993In Miles , above, the Court found that there was no recovery for loss of society in a general maritime action based on unseaworthiness for the wrongful death of a Jones Act seaman against his employer. *1386 As so well stated by the court in Mussa v. Cleveland Tankers, 802 F.Supp. 84 (U.S.D.C., E.D.Mich., 1992): "Miles was decided in the context of a Jones Act seaman (via his parent) suing his employer under the Jones Act for negligence and under general maritime law for unseaworthiness ... simply put, under the Miles Court's view, there should be no reason why a Jones Act seaman, unable to su

1993As so well stated by the court in Mussa v. Cleveland Tankers, 802 F.Supp. 84 (U.S.D.C., E.D.Mich., 1992): “Miles was decided in the context of a Jones Act seaman (via his parent) suing his employer under the Jones Act for negligence and under general maritime law for unseaworthiness ... simply put, under the Miles Court’s view, there should be no reason why a Jones Act seaman, unable to sue his employer for nonpecuniary damages directly under a Jones Act negligence claim, could sue his employer for such damages under a related general maritime law claim for unseaworthiness.

1998We again quote the Louisiana Supreme Court from Foster, 700 So.2d at 208 , which discussed a Jones Act negligence claim and the effect of Gautreaux as follows: The Jones Act allows an injured seaman to bring a negligence suit against his employer. *403 46 U.S.C.App. § 688 (1994).

1997"There is a more demanding standard of causation in an unseaworthiness claim than in a Jones Act negligence claim." Johnson, 845 F.2d at 1354 .

1997"To establish the requisite proximate cause in an unseaworthiness claim, a plaintiff must prove that the unseaworthy condition played a substantial part in bringing about or actually causing the injury and that the injury was either a direct result or a reasonably probable consequence of the unseaworthiness." Id. at 1354 .