93 So. 3d 1121
Fla. Dist. Ct. App.2012Background
- Gabriel, a seaman, sues Disney Cruise Line for maintenance and cure and Jones Act negligence after an on-board injury in 2007.
- Dr. Ferenc Tóth treated Gabriel; January 4, 2008 report says MMI and full recovery, January 29, 2008 report says not fully improved and possible level of improvement.
- DCL paid medical expenses through January 2008.
- Gabriel resumed playing music, pain returned, and he pursued further treatment, leading to this action alleging lack of maintenance/cure and failure to provide prompt, adequate medical care.
- Dr. Stephen Wender later opined in late 2009 that Gabriel had not reached MMI in January 2008; deposition questions centered on Tóth's reports and Wender's interpretation.
- Trial court granted summary judgment for DCL; the appellate court reversed in part as to maintenance and cure, and affirmed as to prompt and adequate medical care.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gabriel reached MMI in January 2008 | Wender affidavit indicates not reached MMI; creates material fact. | Tóth reports unequivocally reflect MMI in January 2008. | Genuine issue of fact precluding summary judgment. |
| Whether maintenance and cure was properly provided up to MMI | Gabriel had not reached MMI in January 2008, requiring ongoing maintenance and cure. | Maintenance and cure fulfilled up to January 2008. | Maintenance and cure claim reversed; factual dispute remains. |
| Whether DCL was negligent for failure to provide prompt and adequate medical care after January 2008 | Gabriel continued to require medical treatment post-January 2008; DCL failed to provide prompt care. | No evidence of negligence through January 2008; care after that period is separate from pre-2008 period. | Affirmed; no basis to find negligence for post-January 2008 care in the record. |
Key Cases Cited
- Vaughan v. Atkinson, 369 U.S. 527 (1962) (maintenance and cure obligation for seamen during recuperation)
- Langmead v. Admiral Cruises, Inc., 610 So.2d 565 (Fla. 3d DCA 1992) (duty to provide maintenance and cure during illness or injury)
- Olsen v. Am. S.S. Co., 176 F.3d 891 (6th Cir. 1999) (shipowner's duty to provide prompt and adequate medical care)
- Garay v. Carnival Cruise Line, Inc., 904 F.2d 1527 (11th Cir. 1990) (no duty to provide care to the limits of MMI; standard of care post-injury)
- Aguilar v. Standard Oil Co. of N.J., 318 U.S. 724 (1943) (willful misbehavior can bar maintenance and cure)
- Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So.2d 126 (Fla. 2000) (summary judgment standard; burden on movant; light most favorable to non-movant)
- Hall v. Talcott, 191 So.2d 40 (Fla.1966) (summary judgment burden framework)
- Lane v. Tripp, 788 So.2d 351 (Fla. 3d DCA 2001) (burden on movant in Jones Act cases)
- Sierra v. Shevin, 767 So.2d 524 (Fla. 3d DCA 2000) (summary judgment standard; doubt requires reversal)