105 F.4th 841
6th Cir.2024Background
- Brent Adkins worked on a Marathon Petroleum barge from 2008 to 2012, undergoing several pre-employment and periodic medical exams showing declining lung function.
- Despite below-recommended pulmonary function values, Adkins was repeatedly cleared to work on the barge without restriction.
- In 2012, Adkins left work after a sudden illness and was later diagnosed with significant pulmonary issues and now requires supplemental oxygen.
- Adkins sued Marathon under the Jones Act and general maritime law, asserting his work conditions and Marathon’s actions caused or aggravated his lung problems.
- District court granted summary judgment to Marathon and excluded Adkins's expert medical witnesses due to procedural shortcomings; Adkins appealed the rulings on negligence, unseaworthiness, and maintenance/cure claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exclusion of Medical Experts | Experts should be allowed; disclosure was sufficient. | Experts failed to comply with Rule 26 reporting. | Exclusion upheld; procedural requirements not met. |
| Jones Act Negligence | No expert testimony needed; causation obvious to jury. | Expert proof needed for complex causation. | Expert medical proof required; claim fails without it. |
| Unseaworthiness | (Not argued on summary judgment by Adkins) | No causation evidence; all claims should be dismissed. | Adkins forfeited challenge by not responding. |
| Maintenance and Cure | Entitled if illness manifested/aggravated in service. | Condition manifested post-employment; no liability. | Genuine dispute exists; summary judgment reversed on this claim. |
Key Cases Cited
- Chandris, Inc. v. Latsis, 515 U.S. 347 (Jones Act authorizes negligence claims by seamen)
- Churchwell v. Bluegrass Marine, Inc., 444 F.3d 898 (standards for safe workplace and unseaworthiness in maritime law)
- Mayhew v. Bell S.S. Co., 917 F.2d 961 (requirements for expert medical testimony on causation)
- West v. Midland Enters., Inc., 227 F.3d 613 (standard for maintenance and cure claim under maritime law)
- Stevens v. McGinnis, Inc., 82 F.3d 1353 (injuries/illnesses manifesting during maritime service warrant maintenance and cure)