Morales v. Garijak, Inc.

829 F.2d 1355 (1987)

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Morales v. Garijak, Inc.

United States Court of Appeals for the Fifth Circuit
829 F.2d 1355 (1987)

Facts

Leopoldo Morales (plaintiff) worked as a shrimper on a vessel owned by Garijak, Inc. (defendant). While working, Morales slipped and fell. Morales informed the captain of the accident, but because Morales did not appear injured, the captain did not take any special action. Morales did not ask to leave the ship to seek medical treatment and continued working for two more weeks. After returning to port, Morales went to Garijak’s offices to pick up his paycheck. Morales did not appear injured and did not mention his fall. Several weeks later, Morales’s attorney sent a letter to Garijak’s president seeking maintenance and cure for a broken wrist that Morales claimed to have suffered when he fell. Garijak refused to pay, believing that whatever injury Morales suffered did not happen while he was aboard Garijak’s vessel. Morales sued in district court. The jury awarded Morales’s maintenance and cure as well as compensatory damages. The jury calculated a single figure for compensatory damages that included both (1) damages directly attributable to Garijak’s failure to timely pay maintenance and cure and (2) attorney’s fees. Garijak appealed.

Rule of Law

Issue

Holding and Reasoning (Rubin, J.)

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