Summary judgment motion in maritime negligence claim dismissed due to genuine issue for trial.
The defendants brought a motion for summary judgment to dismiss a component of the plaintiff's maritime negligence claim for lost revenue following a workplace injury on the defendant vessel.
The defendants argued the issue was barred by issue estoppel or abuse of process due to a final workers' compensation decision.
The Court found there was a genuine issue for trial regarding the loss of income and the impact of the compensation decision, and dismissed the motion.