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FITZGERALD V. UNITED STATES LINES CO., 374 U. S. 16 (1963)

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U.S. Supreme Court

Fitzgerald v. United States Lines Co., 374 U.S. 16 (1963)

Fitzgerald v. United States Lines Co.

No. 463

Argued April 18, 1963

Decided June 10, 1963

374 U.S. 16

Syllabus

Claiming that he had twisted and strained his back while working for respondent on its ship, a seaman sued respondent for damages based on the negligence of respondent and the unseaworthiness of the ship and for a smaller amount based on respondent's failure to provide him with medical attention, maintenance and cure and wages. He demanded a jury trial on all the claims. The trial judge granted a jury trial on the Jones Act and unseaworthiness claims, but he held the question of recovery under maintenance and cure in abeyance to try himself after jury trial of the other issues. The jury returned a verdict for respondent on the negligence and unseaworthiness claims. After hearing testimony in addition to that presented to the jury, the judge awarded the seaman a small amount for maintenance and cure. Sitting en banc, the Court of Appeals affirmed by a divided vote.

Held: a maintenance and cure claim joined with a Jones Act claim must be submitted to the jury when both arise out of one set of facts. In this case, the seaman is entitled to a jury trial as of right on his maintenance and cure claim, even though the Jones Act claim was decided against him and this Court declined to review that claim on certiorari. Pp. 374 U. S. 16-22.

306 F.2d 461, reversed.





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