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GROS v. FRED SETTOON, INC.

No. 03-461.

865 So.2d 143 (2003)

Michael GROS v. FRED SETTOON, INC.

Court of Appeal of Louisiana, Third Circuit.

December 23, 2003.

Attorney(s) appearing for the Case

Daniel J. Nail, Thibodaux, LA, for Appellant, Michael Gros.

Anthony F. Whitford, D.C. Panagiotis, Ltd., Lafayette, LA, for Appellees, Fred Settoon, Inc. and Settoon Construction, Inc.

Court composed of SYLVIA R. COOKS, JOHN D. SAUNDERS and JIMMIE C. PETERS, Judges.

COOKS, Judge.

Michael Gros, appeals the trial court's grant of partial summary judgment dismissing his Jones Act claims for negligence, unseaworthiness, and maintenance and cure because he received benefits under the Longshoreman's and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. § 905(b). For the following reasons, we reverse.

FACTS AND PROCEDURAL HISTORY

On March 1, 1996, Michael Gros alleges he severely injured his back while in the...

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