Tobey v. Atwood Oceanics, Inc

[B]Date Decided[/B]: Aug 30th, 2010
[B]Decided By[/B]: Texas Southern District Court (Federal)
[B]Court[/B]: S.D.Tex.
[B]Citation[/B]: 2010 WL 3447639
Plaintiff, a Jones Act Seaman, brought this suit in the Southern District of Texas, alleging claims under the Jones Act and the General Maritime Law. The defendants in this case filed a motion to dismiss the case, alleging that the plaintiff’s claims were barred by the statute of limitations. Plaintiff alleged the injury took place four years before filing this case in the Southern District of Texas. The statute of limitations for both Jones Act and General Maritime Law claims is three years. The plaintiff alleged the exception of “equitable tolling” prevented the claim from tolling the statute of limitations because the action was timely filed in a Louisiana Federal Court and subsequently dismissed for lack of personal jurisdiction over the defendant before he brought this current action. Read More…