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McDONALD v. ZAPATA PROTEIN (USA), INC.

No. 97-10.

693 So.2d 296 (1997)

John W. McDONALD, Plaintiff— Appellant, v. Zapata PROTEIN (USA), INC., Defendant—Appellee.

Court of Appeal of Louisiana, Third Circuit.

April 30, 1997.

Attorney(s) appearing for the Case

William Bryan Bull, Thomas M. Daigle, Lafayette, for John McDonald.

Elton Ford Duncan, III, Lafayette, Scott Brian Kiefer, New Orleans, for Zapata Protein (USA), Inc.

Before DOUCET, C.J., and PETERS and SULLIVAN, JJ.

PETERS, Judge.

John W. McDonald brought this action against Zapata Protein (USA), Inc. (Zapata) in state district court under the "saving to suitors" clause, 28 U.S.C. § 1333, claiming damages from having been overcome by toxic fumes while in the galley of the F/V Frosty Morn, a vessel owned and operated by Zapata. In his suit, McDonald sought damages under the Jones Act and general maritime law as well as punitive damages under La. Civ.Code art. 2315.3.

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