Keliihananui v. KBOS, Inc. et al
| David Keliihananui |
| KBOS, Inc., Morning Star Cruises, Inc., Aloha Parasail, Inc. and M/V Aloha Parasail |
| 1:2009cv00151 |
| April 6, 2009 |
| US District Court for the District of Hawaii |
| Marine Office |
| Honolulu |
| LESLIE E KOBAYASHI |
| J. MICHAEL SEABRIGHT |
| None |
| Federal Question |
| 46:688 Jones Act |
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| Document Text |
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Filing
84
ORDER: (1) GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ON THE ISSUE OF SEAMAN'S STATUS AND COVERAGE UNDER 46 U.S.C. § 30104, THE JONES ACT; (2) GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT COMP ELLING MAINTENANCE AND CURE; AND (3) GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ON THE ISSUE OF DEFENDANTS' PRIVITY AND KNOWLEDGE WITH RESPECT TO THE OERPATION OF THE M/V ALOHA PARASAIL AND TO STRIKE DEFEND ANTS' LIMITATION OF LIABILITY 47 , 48 , 49 - Signed by JUDGE J. MICHAEL SEABRIGHT on 5/24/10. ("Based on the above, the court: (1) GRANTS Plaintiff's Motion for Summary Judgment as to Plaintiffs seaman status; (2) GRANT S in part and DENIES in part Plaintiff's Motion for Summary Judgment on maintenance and cure; and (3) GRANTS in part and DENIES in part Plaintiff's Motion for Summary Judgment Defendants' limitation of liability defense. As a result of this Order, Plaintiff is deemed a seaman for purposes of the Jones Act and KBOS is ordered to pay Plaintiff cure for his medical expenses incurred to date and until he reaches maximum recovery. As agreed upon at the May 24, 2010 hearing, within twen ty-four hours of receiving this Order, counsel for Plaintiff shall contact Magistrate Judge Leslie E. Kobayashi for the parties to discuss a reasonable maintenance amount and settlement of this action.") (emt, )CE RTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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