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Feliciano G. Rodriguez, a seaman, sued B-R Dredging Company, Inc. under the Jones Act and general maritime law for injuries sustained after falling through an open hatch on a tender boat. He alleged negligence and unseaworthiness, including violations of Corps of Engineer safety regulations. A jury found the defendant negligent and the vessel unseaworthy, awarding $150,000 in damages, but also found Rodriguez 55% contributorily negligent, reducing the award. Rodriguez appealed, arguing that contributory negligence should not apply due to the defendant's violation of a statutory safety duty under the Federal Employers' Liability Act (FELA). The appellate court sustained the appellant's first point of error, reversing the 55% reduction, holding that a violation of a safety statute by the employer precludes the consideration of the seaman's contributory negligence. The trial court's judgment was reversed in part and affirmed in all other respects.
Rodriguez v. BR Dredging Co., Inc. is a workers' compensation case decided in Court of Appeals of Texas. 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 Court of Appeals of Texas.
Full Decision Text1 Pages
Feliciano G. Rodriguez, a seaman, sued B-R Dredging Company, Inc. under the Jones Act and general maritime law for injuries sustained after falling through an open hatch on a tender boat. He alleged negligence and unseaworthiness, including violations of Corps of Engineer safety regulations. A jury found the defendant negligent and the vessel unseaworthy, awarding $150,000 in damages, but also found Rodriguez 55% contributorily negligent, reducing the award. Rodriguez appealed, arguing that contributory negligence should not apply due to the defendant's violation of a statutory safety duty under the Federal Employers' Liability Act (FELA). The appellate court sustained the appellant's first point of error, reversing the 55% reduction, holding that a violation of a safety statute by the employer precludes the consideration of the seaman's contributory negligence. The trial court's judgment was reversed in part and affirmed in all other respects.
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