BARTO v. SHORE CONST., L.L.C.

No. 14-31326.

801 F.3d 465 (2015)

Mark BARTO, Plaintiff-Appellee v. SHORE CONSTRUCTION, L.L.C.; McDermott, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 4, 2015.


Attorney(s) appearing for the Case

David A. Abramson , Beth Abramson , Lewis, Kullman, Sterbcow & Abramson, New Orleans, LA, for Plaintiff-Appellee.

Morgan Joseph Wells, Jr., Esq. , Trial Attorney, Lee Morgan Peacocke, Esq. , Larzelere Picou Wells Simpson Lonero, L.L.C., Metairie, LA, for Defendants-Appellants.

Before BENAVIDES, CLEMENT, and HIGGINSON, Circuit Judges.


Mark Barto, an employee of Shore Construction, L.L.C., ("Shore") was hurt when he fell while working on a derrick barge operated by McDermott, Inc. ("McDermott"). Barto sued McDermott under the Jones Act. He also sued Shore for cure under maritime law. After a bench trial, the district court entered a judgment...

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