SmartBrief
Confirm favorite deletion?
Admiralty Law Keyed to Maraist
McCorpen v. Central Gulf Steamship Corp.
Citation:
396 F.2d 547 (1968)Facts
David McCorpen had been a merchant seaman for twenty years and had a history of diabetes dating from 1953, which required daily insulin shots and strict diet control. About eight months before joining the crew of Central Gulf’s ship Green Lake, he underwent a physical examination by the United States Public Health Service and was found fit for duty. On March 16, 1966, he joined the crew of the Green Lake as a third cook. As part of Central Gulf’s hiring procedure, McCorpen was required to take a pre-employment physical examination. In completing the “Physical Examination Report & Record,” McCorpen indicated he had a back strain in 1961 but answered “no” to questions about illnesses. He also signed a statement reading, “I have never been injured, sick, or otherwise disabled except as stated above.” At no time did he reveal his diabetes to the examining physician. While sailing near Iran, the heat in the galley where McCorpen worked became extreme, and he began seeing double. He was treated by doctors in India and later at a public health facility in Galveston, where he was hospitalized for diabetes control with a diagnosis of diabetes mellitus and “chronic anemia, etiology undetermined.”
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.