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Milstead v. Diamond M Offshore, Inc.

676 So. 2d 89 (1996)

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Milstead v. Diamond M Offshore, Inc.

Louisiana Supreme Court
676 So. 2d 89 (1996)

AR

Facts

Edward Milstead (plaintiff) was injured while working on an offshore oil derrick owned by Diamond M Offshore, Inc. (Diamond) (defendant). Milstead filed suit in state court under general maritime law and the Jones Act. The court found Diamond liable under general maritime law as the owner of the vessel on which Milstead was injured and under the Jones Act as Milstead’s employer. Diamond appealed, and the appeals court ruled in Milstead’s favor. In doing so, the appeals court applied the state’s manifest-error standard of review. Milstead appealed to the Louisiana Supreme Court, arguing that state courts should not apply a state standard of review in general maritime and Jones Act cases.

Rule of Law

Issue

Holding and Reasoning (Victory, J.)

Concurrence/Dissent (Kimball, J.)

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