Hawaii Personal Injury Attorney - Jones Act

Hawaii Injury Lawyer
Jones Act - Seaman

William Lawson- Injury Attorney Hawaii- Lawyer graphic
About Us
Initial Steps
Contact us


What is a personal injury claim? (basic)

Do I need an accident lawyer in Hawaii?

Finding an accident lawyer in Hawaii

Brain & Head Injuries

Car accidents

Spinal Cord Injuries (SCI)

Defective products liability

Catastrophic injury claims

Ocean, boating & maritime accidents

Wrongful death claims

Drunk driver accidents

Drowning and swimming pool accidents

Construction & equipment accidents

Broken bone injuries

Truck and bus accidents

Disc/disk injuries

Moped and pedestrian accidents

Recreational accidents

Electrical accidents

Elevator accidents

Explosion accidents

Fire & Chemical burn accidents

Medical & professional malpractice - Hawaii

Dog bites, animal attacks

Fall accidents- Trip, slip, etc.

Insurance claims and Bad Faith

Auto claims and insurance

Motorcycle claims & insurance

Insurance Coverage for Injuries (the Injured)

Maui, Kauai and other Outer Island claims

Recent Personal Injury and Car Accident News and Cases related to Hawaii

On June 29, 2015, the Hawaii Supreme Court rendered its decision in the case of St. Paul Fire and Marine Ins. Co. v. Liberty Mutual Insurance, Hi. Sup. Ct. Case No SCCQ-14-0000727 (June 29, 2015). This case arose out of a wrongful death personal injury case handled by this office which resulted in a $4.1 million verdict in favor of our clients - even though Liberty Mutual, the primary liability insurer, never offered anything even close to its policy limits of $1 million. St. Paul - who had to pay our clients everything recovered in excess of the initial $1 million - claimed that Liberty Mutual committed bad faith towards it by failing to settle within its $1 million policy limits. The Hawaii Supreme Court agreed and found that an excess insurer has claims for bad faith against a primary insurer.




The Jones Act

VII. PRACTICE AND PROCEDURE F. Pleadings and Motions 2. Answer

588. Amendment

Defendant was permitted to file amended answer to plead that at time of injury he was acting as agent of United States although result would be to dismiss complaint; denial would grant plaintiff right to recover against one not his employer and permit jury trial to which he was not entitled against United States. Murphy v Parry Navigation Co. (1949, DC NY) 87 F Supp 127, 1949 AMC 2084.

Defense of limitation of liability may be asserted in answer even though it be served and filed more than six months after owner of vessel receives written notice of claim; but, in instant case, defendant was not permitted to amend his answer to set up such defense two years after filing original answer and on eve of trial. Odegard v E. Quist, Inc. (1961, ED NY) 199 F Supp 449.

589. Impleader

Shipowner against whom seaman brought action under 46 USCS Appx § 688 for personal injuries inflicted upon him by fellow crew member could implead assailant as third-party defendant. Codrington v United States Lines Co. (1958, DC NY) 168 F Supp 261, 1958 AMC 2233.

Oil wells owner and operator's third-party admiralty demand against doctor must be dismissed, where injured employee sued owner and operator under Jones Act (46 USCS Appx § 688) and requested jury trial, owner and operator then sued doctor for negligent treatment of injured employee under Rule 14(c), and finally employers and employee settled their original action, because absent specific assertion in original plaintiff's complaint that admiralty jurisdiction is claimed under Rule 9(h), third-party plaintiffs cannot properly invoke Rule 14(c) direct demand for judgment against third-party defendant. Harrison v Glendel Drilling Co. (1988, WD La) 679 F Supp 1413.

590. Counterclaims

Actions in personam to recover damages caused by collisions in navigable waters not being within exclusive jurisdiction of admiralty can be raised as counterclaims to actions under 46 USCS Appx § 688. Carstens v Great Lakes Towing Co. (1945, DC Ohio) 71 F Supp 394.

Third party defendant in 46 USCS Appx § 688 action could not counterclaim against plaintiff for indemnity. Cavelleri v Isthmian Lines, Inc. (1961, SD NY) 190 F Supp 801.

Counterclaim based upon Seaman's employment contract or theory of unjust enrichment in regard to employment may be asserted by defendant in 46 USCS Appx § 688 suit. Bergeria v Marine Carriers, Inc. (1972, ED Pa) 341 F Supp 1153, 16 FR Serv 2d 1268.

Voluntary payments of maintenance and cure made to seaman can be raised as offset or counterclaim in action by seaman under 46 USCS Appx § 688. Royle v Standard Fruit & S.S. Co. (1944) 184 Misc 348, 52 NYS2d 407, affd 269 App Div 762, 54 NYS2d 778.

591. Miscellaneous

Where owner of tug and barge was notified of plaintiff's injury claim by letter mailed Aug. 8, 1956, and he filed his complaint on Feb. 5, 1957, and served it on Feb. 8, 1957, defendant's answer, pleading in partial defense limitation of liability, served Feb. 26, 1957, was not too late. Murray v New York C. R. Co. (1961, CA2 NY) 287 F2d 152, 87 ALR2d 681, 1961 AMC 1118, cert den 366 US 945, 6 L Ed 2d 856, 81 S Ct 1674.

Defendant's answer stated that it "admits that at all the material times mentioned in the complaint a person bearing a name similar to the plaintiff's intestate was in the employ of the United States on board a certain vessel at an agreed rate of wages under merchant shipping articles and was a member of the crew," and this was sufficient admission that deceased seaman was member of crew. Ledesma v Dichmann, Wright & Pugh, Inc. (1947, DC NY) 74 F Supp 752, 1947 AMC 1500.



Hawaii Personal Injury Attorney

William Lawson, Esq.
Century Square
1188 Bishop St. Suite 2902
Honolulu, HI 96813

New client hotline:
(808) 524-5300

Main business phone:
(808) 528-2525

Directions to Hawaii Personal Injury Attorney

Accident Attorney Hawaii- Get a free consultation

Hawaii accident news
and articles

Court cases re: Hawaii accident law

Hawaii Medical Experts-
reviews and links

The Constitution Of The State Of Hawaii

Jones Act- maritime law and seaman cases

American Association for Justice
The American Association for Justice
formerly known as the

American Trial Lawyers Association
American Trial Lawyers Association

Consumer Lawyers Hawaii
Consumer Lawyers Hawaii

Stanford Law School
Stanford Law School

American Bar Association
American Bar Association

Marquis' Who's Who
Marquis' Who's Who
in the World,
Who's Who
in America and
Who's Who
in American Law

The information provided in these pages is intended to be preliminary and informational ONLY. It is not legal advice by Personal Injury Attorney Hawaii nor may it be relied upon as such. The use of these webpages does not establish an Attorney-client relationship. This page is copyright 1999-2017 by PersonalInjuryAttorneyHawaii.com Its contents are the property of PersonalInjuryAttorneyHawaii.com All rights reserved. Thank you for visiting our site!