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Feliciano Rodriguez, a seaman, sued his employer, B-R Dredging Company, under the Jones Act and general maritime law for injuries sustained after falling through an open hatch on a tender boat. The trial court found B-R Dredging negligent and the vessel unseaworthy, but reduced Rodriguez's $150,000 award to $55,388.02 due to his 55% contributory negligence. The court of civil appeals reversed, reinstating the full award, arguing that the Corps of Engineers Safety Manual constituted a safety statute, thus precluding contributory negligence under FELA Section 53. The Supreme Court of Texas reversed the court of civil appeals, holding that the Safety Manual does not have statutory force, even when incorporated by reference in federal regulations, and therefore FELA Section 53 does not apply. Consequently, the trial court's reduction of damages based on comparative fault under the Jones Act was affirmed.
B-R Dredging Co. v. Rodriguez is a workers' compensation case decided in Texas Supreme Court. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Supreme Court.
Full Decision Text1 Pages
Feliciano Rodriguez, a seaman, sued his employer, B-R Dredging Company, under the Jones Act and general maritime law for injuries sustained after falling through an open hatch on a tender boat. The trial court found B-R Dredging negligent and the vessel unseaworthy, but reduced Rodriguez's $150,000 award to $55,388.02 due to his 55% contributory negligence. The court of civil appeals reversed, reinstating the full award, arguing that the Corps of Engineers Safety Manual constituted a safety statute, thus precluding contributory negligence under FELA Section 53. The Supreme Court of Texas reversed the court of civil appeals, holding that the Safety Manual does not have statutory force, even when incorporated by reference in federal regulations, and therefore FELA Section 53 does not apply. Consequently, the trial court's reduction of damages based on comparative fault under the Jones Act was affirmed.
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