McAlpin Tanner Marcotte Receives Third Arbitration Award In Favor Of Defense In Three Weeks
McAlpin Tanner Marcotte is on a roll, receiving our third arbitration defense verdict in less than three weeks! In the latest victory, McAlpin Tanner Marcotte represented one of the world’s premier cruise lines against claims by a former crewmember arising from an alleged accident that occurred while the crewmember was carrying a box of wine. The crewmember claimed that the cruise line’s workplace procedures were unsafe, causing his injury. He also claimed that the cruise line failed to provide him with prompt, proper, and adequate medical care in treatment, violating their maintenance and cure obligations. For the defense, McAlpin Tanner Marcotte highlighted the suspicious timing of the alleged shipboard accident, which occurred the day after the crewmember’s third and final warning which ultimately resulted in his termination from employment with the company. McAlpin Tanner Marcotte also argued that the crewmember failed to provide any documentation that he was receiving medical care and treatment and, thus, that he abandoned his medical care. After a three day arbitration which included a “battle of the medical experts,” the Arbitrator believed the testimony of McAlpin Tanner Marcotte’s expert physician over the Crewmember’s expert. The Arbitrator ultimately adopted McAlpin Tanner Marcotte’s theory of the case and concluded that the cruise line had acted properly in all respects. A defense award (equivalent to a defense verdict) in favor of the cruise line was issued and the crewmember received nothing.