McCorpen v. Central Gulf Steamship Corp.

396 F.2d 547 (1968)

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McCorpen v. Central Gulf Steamship Corp.

United States Court of Appeals for the Fifth Circuit
396 F.2d 547 (1968)

Facts

David McCorpen (plaintiff) had diabetes. Despite his illness, McCorpen worked without issue for years as a merchant seaman. McCorpen sought employment on the crew of a ship owned by Central Gulf Steamship Corporation (Central Gulf) (defendant). Central Gulf required that McCorpen undergo a medical examination, which McCorpen passed, and fill out a medical questionnaire. On the portion of the questionnaire in which McCorpen was asked whether he had any illnesses, he wrote no. Central Gulf hired McCorpen as a cook. The galley in which McCorpen worked was very hot, and he began seeing double. McCorpen was hospitalized, and his condition was attributed to his diabetes. McCorpen sued Central Gulf for maintenance in district court. The district court ruled in favor of Central Gulf, finding that McCorpen was precluded from seeking maintenance because he had deliberately concealed his illness. McCorpen appealed.

Rule of Law

Issue

Holding and Reasoning (Thornberry, J.)

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