Paes v. Rowan Companies, Inc.

Filing 27

ORDER denying 15 Motion for Partial Summary Judgment and a credit for maintenance and cure. Signed by Judge Lance M Africk on 12/17/2012. (blg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
CHARLES PAES

CIVIL ACTION

VERSUS

No. 12-1069

ROWAN COMPANIES, INC.

SECTION “I”
ORDER

Before the Court is a motion1 filed by defendant, Rowan Companies, Inc., for partial
summary judgment as well as a credit for sums expended on maintenance and cure, such credit
to be applied against any damages award. 2 Plaintiff, Charles Paes, has filed an opposition.3
The Court has considered the memoranda submitted by the parties, the summary
judgment evidence offered, and the law. In light of the disputed nature of the previous injury, if
any, to plaintiff’s right shoulder, the Court finds that there remain genuine issues of material fact
regarding whether a connection exists between the withheld information and the injury
complained of in this lawsuit. See Brown v. Parker Drilling Offshore Corp., 410 F.3d 166, 177
n.9 (5th Cir. 2005) (citing cases); Owens v. Abdon Callais Offshore, LLC, No. 10-3296, 2011
WL 2443687, at *5 (E.D. La. June 14, 2011) (Vance, J.); Wilson v. Kevin Gros Offshore, Inc.,
No. 10-1514, 2011 WL 121734, at *2 (E.D. La. Jan. 12, 2011) (Barbier, J.); Parker v. Jackup
Boat Service, LLC, 542 F. Supp. 2d 481, 494-95 (E.D. La. 2008) (Zainey, J.). Accordingly,
IT IS ORDERED that Rowan Companies, Inc.’s motion for partial summary judgment
and a credit for maintenance and cure is DENIED.
New Orleans, Louisiana, December 17, 2012.
__________________________________
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE
1

R. Doc. No. 15.
See McCorpen v. Cent. Gulf S.S. Corp., 396 F.2d 547 (5th Cir. 1968).
3
R. Doc. No. 18.
2