A Louisiana federal court has ruled against the defendant’s attempts to exclude evidence and witnesses in an injury case recently filed against American Commercial Lines, LLC.
Stewart Stumbaugh suffered leg and ankle injuries while taking a 10 day deckhand training course at American’s facility in Illinois. On the seventh day of the course, while being trained to tighten winches on a barge, Stumbaugh fell while tightening the first one. After receiving medical care, he returned for the final two days of the course but did not return to work for the company.
Stumbaugh’s initial Maintenance and Cure, Jones Act and Unseaworthiness claims were dismissed by a lower court. He re-filed, however, American was overruled in attempting to block the admission of photographs of his ankle; American claimed that the photographs should have been inadmissible because they were improperly withheld during the discovery phase.
American also failed in their attempt to exclude testimony from persons on Stumbaugh’s witness list.
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