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RIVERA v. KIRBY OFFSHORE MARINE, L.L.C.

No. 19-40799.

983 F.3d 811 (2020)

Jay RIVERA, Plaintiff-Appellee, v. KIRBY OFFSHORE MARINE, L.L.C., In Personam, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED December 22, 2020.

Attorney(s) appearing for the Case

Paxton N. Crew , Attorney, Crew Law Firm, P.C., League City, TX, Marie Roach Yeates, Esq. , Parker Cragg , Vinson & Elkins, L.L.P., Houston, TX, William Robert Hand, Esq. , John W. Stevenson, Jr. , Stevenson & Murray, Houston, TX, for Plaintiff-Appellee.

John A. V. Nicoletti, Esq. , Nooshin Namazi, Esq. , Kevin John Byron O'Malley , Nicoletti, Hornig & Sweeney, New York, NY, John Kevin Spiller , Clark Hill Strasburger, Houston, TX, for Defendant-Appellant.

Before King, Stewart, and Southwick, Circuit Judges.

Captain Jay Rivera was hired by Kirby Offshore Marine, L.L.C. ("Kirby") to pilot the M/V TARPON ("Tarpon"), a 120-foot seagoing vessel. While aboard the Tarpon, Captain Rivera injured his foot when he tripped over a stair inside a hatch door. Captain Rivera's injuries prevented him from continuing to work as a harbor...

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