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Case Name | Donaldson vs. Nat'l Marine, Inc. | |
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Date | 03/14/2005 | |
Note | California courts have concurrent jurisdiction over Jones Act injured maritime worker claims. | |
Citation | 35 Cal.4th 503 | |
WCC Citation | WCC 30832005 CA |
RICHARD DONALDSON, Plaintiff and Respondent, v. NATIONAL MARINE, INC. , Defendant and Appellant. COUNSEL Rushford & Bonotto, Phillip R. Bonotto, Brian M. Taylor, John P. Carty III and Carla L. Johansen for Defendant and Appellant. It defended on the theory that the cancer was unrelated to his exposure to asbestos, and resulted from his history of smoking. Defendant also theorized that even if exposure to asbestos was a factor in decedent's lung cancer, tobacco was a greater factor. VI, § 10), we see no fundamental jurisdictional impediment to allowing plaintiff to bring his Jones Act claim in California courts.
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