Torres

FINDINGS OF FACT AND CONCLUSIONS OF LAW

I. Overview

Plaintiff Edwin Torres was severely injured during an altercation with a fellow crew member, Eneliko Lui, aboard the MTV Fuiono. Plaintiff filed suit against Defendants MW Fuiono, Caribbean Fishing Company, and Starkist Foods, Inc., alleging four causes of action: (1) willful failure to pay maintenance and cure bene fits; (2) unseaworthiness; (3) Jones Act negligence; (4) general negligence. These claims were tried before the Court from November 28, 2000, through December 12, 2000. Pursuant to Federal Rule of Civil Procedure 52(a), the Court sets forth below its findings of fact and conclusions of law.

II. Findings of Fact and Conclusions of Law

A. Findings of Fact

B. Conclusions of Law

Willful Failure to Provide Maintenance and Cure

Here, Plaintiff instigated the fight with Lui: he threatened to kill him and pulled a knife on him. If Lui’s entire response to Plaintiffs threat was covered by the self-defense privilege, then Plaintiff would have been the sole cause of his injuries and Defendants would not have owed Plaintiff maintenance and cure. Until trial, however, it was uncertain whether Lui’s response fell entirely…