MORAN TOWING & TRANSP., CO. v. LOMBAS

No. 870, Docket 94-7286.

58 F.3d 24 (1995)

MORAN TOWING & TRANSPORTATION, CO., Plaintiff-Appellee, v. Whitney LOMBAS, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 16, 1995.


Attorney(s) appearing for the Case

Daniel F. Hayes, Garden City, NY, for defendant-appellant Whitney Lombas.

Fred R. Profeta, Jr., Profeta & Eisenstein, New York City (Michael J. Orlofsky, Profeta & Eisenstein, of counsel), for plaintiff-appellee Moran Towing & Transp., Co.

Before: VAN GRAAFEILAND, WALKER, and CABRANES, Circuit Judges.


WALKER, Circuit Judge:

This case concerns an issue of first impression involving the venerable maritime doctrine of maintenance and cure, which requires the shipowner to provide food and lodging ("maintenance") and necessary medical services ("cure") for a seaman who is injured or becomes ill while in the employ of the ship. More precisely, this appeal presents the question whether a shipowner has a cure obligation when Medicare is available to the seaman.

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