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HAGERTY v. L & L MARINE SERVICES, INC.

No. 85-3147.

788 F.2d 315 (1986)

William HAGERTY, Plaintiff-Appellant, v. L & L MARINE SERVICES, INC., and Union Carbide Corp., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 30, 1986.

Attorney(s) appearing for the Case

Jack C. Benjamin, New Orleans, La., for plaintiff-appellant.

Timothy F. Burr, McGlinchey, Stafford, Mintz, Cellini & Lang, New Orleans, La., for L & L Marine & Globe Barge, Inc.

Robert M. Contois, Jr., Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Jeanmarie Lococo, New Orleans, La., for Union Carbide.

Before BROWN, REAVLEY and HILL, Circuit Judges.

REAVLEY, Circuit Judge:

William L. Hagerty was accidently soaked with toxic chemicals while doing duty as a Jones Act seaman. He sues for his damages which include pain and suffering, mental anguish due to the fear of developing cancer, and the medical expense of regular checkups to monitor against that disease. The district court granted summary judgment for the defendants on the ground that no cause of action had accrued. We reverse and remand.

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