A seaman and his employer reached a bracketed settlement that resolved the seaman's Jones Act negligence and unseaworthiness claims and left for decision only the viability of the employer's proposed counterclaim for restitution. The district court awarded summary judgment to the employer. Once a shipowner pays maintenance and cure to the injured seaman, the payments can be recovered only by offset against the seaman's damages award -- not by an independent suit seeking affirmative recovery. The district court's summary judgment order is reversed and rendered.
Boudreaux v. Transocean Deepwater, Inc.
July 26, 2013