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Admiralty Law Keyed to Maraist
Vaughan v. Atkinson
Citation:
369 U.S. 527 (1962)Facts
Vaughan served on the respondents’ vessel from November 26, 1956, to March 2, 1957, when he was discharged upon completion of a voyage. On March 7, 1957, he reported to a U.S. Public Health Service Hospital and was admitted on March 18 for suspected tuberculosis. He was discharged to outpatient status on June 6, 1957, and remained in that status for over two years until August 25, 1959, when he was declared fit for duty. Although Vaughan forwarded his hospital records to the shipowner in 1957, the owner made no meaningful investigation of his claim, merely questioning the Master and Chief Engineer who stated Vaughan had never complained of illness during his service. For nearly two years, Vaughan received no maintenance payments and was forced to work as a taxi driver to support himself. Eventually, he hired an attorney on a 50% contingent fee basis to sue for his benefits.
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