HAGERTY V. L&L MARINE SERVICES, INC.
788 F.2d 315 (5th Cir. 1986)
NATURE OF THE CASE: This was a dispute over damages related to fear of cancer and the
possibility of getting cancer from an accident.
FACTS: Hagerty (P) was accidentally soaked with toxic chemicals during his duty as a
Jones Act seaman. P sued for damages including pain and suffering and mental anguish from
the fear of developing cancer. P wanted to recover the cost of medical expenses for regular
checkups to monitor against cancer. The court granted partial summary judgment for Ds on the
ground that no cause of action had accrued. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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