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WILBURN v. MARITRANS GP INC.

No. 97-1012.

139 F.3d 350 (1998)

Michael T. WILBURN, Appellant v. MARITRANS GP INC.

United States Court of Appeals, Third Circuit.

Decided March 10, 1998.

Attorney(s) appearing for the Case

Leonard C. Jaques, Donald A. Krispin, Michael J. Connor (argued), Cynthia J. Sherburn, Jaques Admiralty Law Firm, Detroit, MI, for Appellant.

Stuart M. Goldstein (argued), Hollstein, Keating, Cattell, Johnson & Goldstein, Voorhees, NJ, for Appellee.

BEFORE: MANSMANN, GREENBERG and ALARCON, Circuit Judges

OPINION OF THE COURT

ALARCON, Circuit Judge.

Michael T. Wilburn ("Wilburn") was injured when he was swept off the deck of the tug, the Enterprise, by a huge wave during a storm. He filed an action against his employer, Maritrans GP Inc. ("Maritrans") to recover damages for negligence pursuant to the Jones Act, 46 U.S.C.App. § 688, and for the unseaworthiness of the Enterprise under general maritime law.

At trial Wilburn did not...

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