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GIBBS v. LEWIS & CLARK MARINE, INC.

No. 5-97-1071.

700 N.E.2d 227 (1998)

298 Ill. App.3d 743

233 Ill.Dec. 126

Scott GIBBS, Plaintiff-Appellee, v. LEWIS & CLARK MARINE, INC., Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

September 11, 1998.

Attorney(s) appearing for the Case

Goldstein and Price, L.C., Daryl F. Sohn, Teresa A. McNail, St. Louis, MO, for Defendant-Appellant.

Smith, Allen, Mendenhall, Emons & Selby, Doug Mendenhall, Steve Selby, Alton, for Plaintiff-Appellee.

Justice MAAG delivered the opinion of the court:

Plaintiff, Scott D. Gibbs, filed a complaint against defendant, Lewis & Clark Marine, Inc., alleging claims for negligence under the Jones Act (46 U.S.C.A. § 688 (West 1997)) and for unseaworthiness and maintenance and cure under the general maritime law. Plaintiff did not demand a jury. Defendant filed a timely answer and demanded a jury on all counts of the complaint. In its answer, defendant pleaded an affirmative...

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