Texas Jones Act Defendant asserts captain who fainted and hit head already received compensation

Defendant asserts captain who fainted and hit head already received compensation
6/7/2012 4:36 PM By David Yates 

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Defendant C.B.H. Services is asserting a former ship captain does not have a right o recover damages under the Jones Act and has already received compensation for his alleged injury.

As previously reported, Christopher Burnette filed suit against C.B.H. on June 15, 2011, in Jefferson County District Court, alleging the company should have supervised him when he fainted, fell and hit his head.

Court records show that on April 26, C.B.H. filed an objection to venue and special pleas, requesting that the case be dismissed.

"Defendant CBH also filed a plea to the jurisdiction and plea in abatement to this action in that the plaintiff received benefits for this alleged incident under the Longshoremen's and Harbor Workers' Compensation Act and therefore this claim is not proper ... and the court lacks jurisdiction over this claim and the suit should be dismissed," the objection states.  ... more ...