COTO v. J. RAY McDERMOTT, S.A.

No. 99-CA-1866.

772 So.2d 828 (2000)

Odilon Chacha COTO; Ediberto Hernandez Hernandez; Emedelio H. Torres; Hector R. Gamas; Nelli R. Obando, et al. v. J. RAY McDERMOTT, S.A.; McDermott International, Inc.; The American Bureau of Shipping, Inc.; CCC Fabriones Y Constructiones, et al.

Court of Appeal of Louisiana, Fourth Circuit.

October 25, 2000.


Attorney(s) appearing for the Case

Maury A. Herman, Brian D. Katz, David K. Fox, Herman, Herman, Katz & Cotlar, L.L.P., New Orleans, Louisiana and Samuel R. Palermo, O'Quinn & Laminack, Houston, Texas and Randy J. Ungar, Ungar & Byrne, New Orleans, LA, Counsel for Plaintiffs/Appellants.

Edward J. Koehl, Jr., Ann Allen Arceneaux, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, L.L.P., New Orleans, Louisiana, Counsel for Defendants/Appellees.

Court composed of Judge WILLIAM H. BYRNES, III, Judge PATRICIA RIVET MURRAY, Judge JAMES F. McKAY III, Judge MICHAEL E. KIRBY, Judge Pro Tem. PATRICK M. SCHOTT.


PATRICK M. SCHOTT, Judge Pro Tem.

Plaintiffs have appealed from summary judgments dismissing their Jones Act and general maritime claims on the basis of releases executed by them in favor of defendants (hereinafter McDermott). The issue is whether the evidence of record shows that there is no genuine issue of material fact to support the conclusion that plaintiffs executed valid seaman's releases according to the standards set out in Garrett v. Moore-McCormack...

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