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SMITH v. TIDEWATER INC.

No. 2004-CA-0195.

918 So.2d 1 (2005)

Stephen C. SMITH v. TIDEWATER INC.

Court of Appeal of Louisiana, Fourth Circuit.

Opinion Granting Rehearing August 17, 2005.

Attorney(s) appearing for the Case

David W. Bernberg, David W. Bernberg, APLC, and Stephen R. Barry, Barry & Piccione, APLC, New Orleans, LA, for Plaintiff/Appellee (Stephen C. Smith).

Miles P. Clements, Ann Marie Leblanc, Frilot, Partridge, Kohnke & Clements, L.C., New Orleans, LA, for Defendants/Appellants (Tidewater, Inc., Tidewater Marine, L.L.C. and TT Boat Corporation).

(Court composed of Judge MICHAEL E. KIRBY, Judge EDWIN A. LOMBARD, Judge LEON A. CANNIZZARO JR.).

MICHAEL E. KIRBY, Judge.

On April 6, 2000, defendant/appellant Tidewater Marine, L.L.C. employed plaintiff/appellee Stephen Smith as a seaman aboard its tug the Gulf Brent. Early that morning, plaintiff allegedly slipped or tripped on the stern deck of the tug and fell overboard into the ocean approximately three (3) miles off the coast of San Juan, Puerto Rico, where the vessel was headed to deliver its cargo and pick up another cargo on the same barge for a return...

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