Gowdy v. Marine Spill Response Corp., 925 F.3d 200

Gowdy, a seaman, sued Marine Spill Response Corporation (MSRC) under the Jones Act and for unseaworthiness after injuring his left foot stepping off a ladder rung ~48" above the deck; no witnesses to the incident.
Gowdy was represented by counsel Matthew Shaffer, who moved to withdraw early in the case citing irreconcilable differences; the district court granted withdrawal after a hearing and Gowdy proceeded pro se.
Medical records showed preexisting diabetes, chronic kidney disease, and prior treatment for left-foot pressure ulcers; after the ladder event Gowdy saw Dr. Clause, had CT-confirmed foot fractures, later developed Charcot changes, underwent surgeries, and ultimately had an amputation.
MSRC’s biomechanical expert, Dr. Bain, reviewed records and photos and opined the injury was from a high-energy or crush event and was unlikely to have resulted from stepping/jumping off the fourth rung.
MSRC moved for summary judgment arguing Gowdy lacked a medical expert to prove causation; Gowdy (pro se) countered that causation was within a layperson’s common experience because stepping off a 48" rung can cause such injury.
The district court granted summary judgment for MSRC for lack of expert medical causation testimony; the Fifth Circuit affirmed withdrawal of counsel but reversed and remanded as to summary judgment on both Jones Act negligence and unseaworthiness claims.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether court erred by permitting counsel’s withdrawal and failing to investigate alleged provocation	Shaffer was improperly induced to withdraw by MSRC; court should have investigated	Shaffer had good cause and gave reasonable notice; allegations of provocation unsupported	Affirmed — withdrawal proper; no duty to further investigate accusation
Whether Jones Act negligence claim required expert medical causation evidence at summary judgment	Gowdy: causation (stepping/jumping off 48" rung causing fracture) is within ordinary experience; expert not required	MSRC: plaintiff must present medical expert to prove causation; defense expert disproves ladder as cause	Reversed — jury could reasonably find causation without expert; fact issue exists
Whether unseaworthiness claim fails if Jones Act negligence claim fails	N/A (Gowdy argued ladder caused injury supporting both claims)	MSRC: lack of causation defeats both claims	Reversed — because Jones Act causation question survives, unseaworthiness claim also survives (more demanding proximate causation still for jury)
Whether MSRC committed fraud by withholding ladder height from its expert	Gowdy alleged MSRC failed to tell Dr. Bain about 48" distance	MSRC: Dr. Bain reviewed accident photos showing the distance; no withholding	Denied — no evidence of fraud; Dr. Bain had the photos

Matter of Wynn, 889 F.2d 644 (5th Cir.) (attorney withdrawal reviewed for abuse of discretion)
Salem v. U.S. Lines Co., 370 U.S. 31 (U.S.) (lay jurors need not have expert aid when they can draw conclusions from common experience)
Huffman v. Union Pac. R.R., 675 F.3d 412 (5th Cir.) (expert testimony required when causation is beyond lay understanding)
Naquin v. Elevating Boats, L.L.C., 744 F.3d 927 (5th Cir.) (Jones Act causation can be proved without expert testimony in some circumstances)
Gautreaux v. Scurlock Marine, Inc., 107 F.3d 331 (5th Cir.) (Jones Act causation standard)
Johnson v. Cenac Towing, Inc., 544 F.3d 296 (5th Cir.) (Jones Act’s low causation threshold: any part, however slight)
Beech v. Hercules Drilling Co., L.L.C., 691 F.3d 566 (5th Cir.) (unseaworthiness claim framework)
Chisholm v. Sabine Towing & Transp. Co., Inc., 679 F.2d 60 (5th Cir.) (distinguishing Jones Act negligence from unseaworthiness; differing causation standards)
Moore v. Johns-Manville Sales Corp., 781 F.2d 1061 (5th Cir.) (jury may discredit experts and rely on collective experience)
Western Air Lines, Inc. v. Criswell, 472 U.S. 400 (U.S.) (courts/note on weight of expert testimony)