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SCHARFENSTEIN v. AVENA SHIPPING OF CYPRUS

No. 13-CA-497.

131 So.3d 256 (2013)

Michael L. SCHARFENSTEIN and Cindy K. Scharfenstein v. AVENA SHIPPING OF CYPRUS, Dalnave Navigation, Inc., Andrew R. Samples, Assuranceforeningen Gard (North America) Inc. and XYZ Insurance Company.

Court of Appeal of Louisiana, Fifth Circuit.

December 12, 2013.

Attorney(s) appearing for the Case

John H. Denenea, Jr. , Attorney at Law, New Orleans, Louisiana, Michael C. Ginart, Jr. Attorney at Law, Chalmette, LA, for Plaintiff/Appellee.

David B. Lawton , Meredith W. Blanque , Attorneys at Law, New Orleans, Louisiana, for Defendant/Appellant.

Panel composed of Judges FREDERICKA HOMBERG WICKER, ROBERT M. MURPHY, and HANS J. LILJEBERG.

ROBERT M. MURPHY, Judge.

This case arises from the injury sustained by a plaintiff, Michael L. Scharfenstein, while working as a linesman on the Mississippi River. Mr. Scharfenstein tore his rotator cuff when he attempted to flee from an anchor chain that was falling from Defendants' ship. Defendants, Dalnave Navigation, Inc., Avena Shipping of Cyprus, and Assuranceforeningen Gard — Gjensidig, appeal a judgment, rendered after a trial on the merits, in favor...

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