Hare v. Graham Gulf, Inc.

22 F. Supp. 3d 648, 2014 U.S. Dist. LEXIS 71903, 2014 WL 2203883
CourtDistrict Court, E.D. Louisiana
DecidedMay 27, 2014
DocketCivil Action No. 13-107
StatusPublished
Cited by12 cases

This text of 22 F. Supp. 3d 648 (Hare v. Graham Gulf, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hare v. Graham Gulf, Inc., 22 F. Supp. 3d 648, 2014 U.S. Dist. LEXIS 71903, 2014 WL 2203883 (E.D. La. 2014).

Opinion

ORDER AND REASONS

SUSIE MORGAN, District Judge.

Before the Court is a Motion for Partial Summary Judgment filed by the defendant, Graham Gulf, Inc. (“Graham Gulf’).1 Plaintiff, Jason Hare (“Hare”), opposes Graham Gulfs motion.2 Graham Gulf filed a reply in support of its motion.3

BACKGROUND AND PROCEDURAL HISTORY

This dispute arises out of injuries allegedly suffered by Hare while he was working as a deck hand for Gulf Graham on its vessel, the MTV GAYLA GRAHAM (“the vessel”), on September 29, 2012. Hare claims he sustained serious, painful and permanent injuries to his head, neck, and lower back after slipping and falling on the deck of the vessel. Hare filed suit against Graham Gulf seeking to recover under the Jones Act for medical expenses, pain and suffering, lost wages and loss of earning capacity. Additionally, Har.e prays for maintenance and cure benefits from Graham Gulf until such time he reaches maximum medical cure.4

Graham Gulf moved for summary judgment seeking dismissal of Hare’s claim for maintenance and cure, arguing that claim is barred by McCorpen v. Central Gulf S.S. Corp., 396 F.2d 547 (5th Cir.1968). Under McCorpen, if an employer establishes a seaman intentionally misrepresented or concealed medical facts before he or [651]*651she was hired, those non-disclosed facts were material to the employer’s hiring decision, and a causal connection exists between the withheld information and the injury complained of in the suit at bar, the seaman forfeits his or her right to maintenance and cure benefits. Graham Gulf asserts Hare intentionally withheld information about an earlier back injury, and that, if Graham Gulf had known of that injury, such injury would have materially affected its decision to hire him. Hare argues the medical records relied upon by Graham Gulf are insufficient to show he had an earlier back injury, and that after he underwent some treatment in 2006 he never had lower back pain until the incident giving rise to this suit.

The bulk of the facts relevant to Graham Gulfs summary judgment motion are not in dispute. Hare applied for employment with Graham Gulf on April 28, 2010. As a part of the application process, Hare completed a Merchant Marine Credential Medical Evaluation Report (“the Report”) on April 3, 2010 as well as an OSHA Respirator Medical Evaluation Questionnaire (“the Questionnaire”) on May 25, 2010.5 In both the Report and the Questionnaire, Hare answered “No” when asked whether he ever had a back injury or surgery.6 Based on the representations Hare made in these evaluations and a pre-employment physical examination, Graham Gulf hired Hare as a deck hand/unhcensed engineer.7

It is also undisputed Hare underwent treatment in November 2006 at Rockwell Family Medical practice for lower back pain stemming from an injury sustained while doing yard work. Hare was diagnosed with “low back pain-muscle spasms.”8 Hare visited Baldwin Bone & Joint for the same injury where he was diagnosed with a “probable herniated nucleus pulposas” in November 2006.9 Hare also underwent treatment for a wrist injury in 1995. His medical records stemming from the 1995 treatment indicate Hare previously had a “lower back problem” treated two years prior.10 Finally, the affidavit of Hare’s former father-in-law, Lemuel McGlothren, states Hare “always complained about having a bad back” and Hare “sought medical treatment over many years for his low back condition.”11

Hare does not dispute that he received treatment for his back in 2006 prior to applying for work at Graham Gulf.12 However, Hare argues his back pain was “completely resolved” after treatment. Hare does not offer any summary judgment evidence to contradict his medical records from 1995, but Hare argues the records from 1995 are too generalized and are insufficient to show a prior back injury under McCorpen. With respect to Mr. McGlothren’s affidavit, Hare argues Mr. McGlothren’s personal motive taints his declaration and his opinion is unsupported by any other evidence.

[652]*652ANALYSIS

I. Summary Judgment Standard

Summary judgment is only appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed. R. Crv. P. 56; see also Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The initial burden of demonstrating the absence of any genuine issues of material fact lies with the party seeking summary judgment. Celotex, 477 U.S. at 324, 106 S.Ct. 2548. If the moving party fails to carry this burden, the motion must be denied. However, if the moving party successfully carries this burden, the burden then shifts to the non-moving party that a genuine issue of material fact exists. Id. at 322-23, 106 S.Ct. 2548.

Once the burden has shifted, the non-moving party must direct the Court’s attention to something in the pleadings or other evidence in the record that sets forth specific facts sufficient to establish that a genuine issue of material fact does indeed exist. Id. at 324, 106 S.Ct. 2548. The non-moving party cannot simply rely on allegations or blanket denials of the moving party’s pleadings as a means of establishing a genuine issue of material fact, but instead must identify specific facts that establish a genuine issue for trial. Littlefield v. Forney Indep. Sch. Dist., 268 F.3d 275, 282 (5th Cir.2001). “An issue is material if its resolution could affect the outcome of the action.” DIRECTV Inc. v. Robson, 420 F.3d 532, 536 (5th Cir.2005). When assessing whether a material factual dispute exists, the Court considers “all of the evidence in the record but refrains from making credibility determinations or weighing the .evidence.” Delta & Pine Land Co. v. Nationwide Agribusiness Ins. Co., 530 F.3d 395, 398 (5th Cir.2008); see also Reeves v. Sanderson Plumbing, Inc., 530 U.S. 133, 150-51, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000). All reasonable inferences are drawn in favor of the nonmoving party. Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.1994). There is no genuine issue of material fact if, even viewing The evidence in the light most favorable to the non-moving party, no reasonable trier of fact could find for the non-moving party. Smith v. Amedisys, 298 F.3d 434, 440 (5th Cir.2002).

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Bluebook (online)
22 F. Supp. 3d 648, 2014 U.S. Dist. LEXIS 71903, 2014 WL 2203883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hare-v-graham-gulf-inc-laed-2014.