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TORRES v. M/V FUIONO FISHING VESSEL

No. CIV. 98-828.

141 F.Supp.2d 1028 (2001)

Edwin TORRES, Plaintiff, v. M/V FUIONO FISHING VESSEL, Caribbean Fishing Company, Inc., Starkist Foods, Inc., Does 1-50, Defendants.

United States District Court, S.D. California.

February 1, 2001.

Attorney(s) appearing for the Case

Frederick Martin Dudek, Dougherty, Hildre, Dudek & Haklar, San Diego, CA, for Plaintiff.

John Whelan, Keesal, Young and Logan, Long Beach, CA, for Defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

RHOADES, District Judge.

I. Overview

Plaintiff Edwin Torres was severely injured during an altercation with a fellow crew member, Eneliko Lui, aboard the M/V Fuiono. Plaintiff filed suit against Defendants M/V Fuiono, Caribbean Fishing Company, and Starkist Foods, Inc., alleging four causes of action: (1) willful failure to pay maintenance and cure benefits;

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