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Messier v. Bouchard Transportation
United States Court of Appeals for the Second Circuit
688 F.3d 78, 2012 AMC 2370 (2012)
- Written by Carolyn Strutton, JD
Facts
Richard Messier (plaintiff) was a seaman who discovered he had lymphoma. Messier sued his former employer, Bouchard Transportation Co., Inc. (Bouchard) (defendant) for maintenance and cure. Evidence proved that Messier had lymphoma during his maritime service with Bouchard. Messier’s condition, however, was asymptomatic and unknown until after his service with Bouchard ended. The district court held that Messier was not entitled to maintenance and cure from Bouchard because his lymphoma did not manifest until after his service and granted summary judgment to Bouchard. Messier appealed.
Rule of Law
Issue
Holding and Reasoning (Hall, J.)
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