Opinion
Civil Action No. 99-1318, Section "C"
May 4, 2000
MOTION
IT IS ORDERED that the motion for partial summary judgment to dismiss wage claim is DENIED and the motion for partial summary judgment to dismiss maintenance and cure claim filed by Highland Towing, L.L.C. ("Highland") is PARTIALLY GRANTED and PARTIALLY DENIED. The fact that the plaintiff is presently incarcerated certainly affects the quantum available for any claim for wages as damages, but does not eliminate wages as an element of damages. Similarly, the plaintiff is not entitled to maintenance for the time he is incarcerated, but the obligation to provide maintenance otherwise continues until maximum medical cure. SeeTheriot v. C E Boat Rentals, 1991 WL 2732 (E.D.La.); Martinez v. Star Fish Oyster Co., Inc., 386 F. Supp. 560 (S.D.Ala. 1974). Finally, with regard to the claim for cure, maximum medical cure has not been shown. Given the recommendations of the doctors, cure remains a viable issue for trial.
IT IS FURTHER ORDERED that the parties contact the Magistrate Judge for a settlement conference.