In an action brought by a plaintiff, who was injured in a motor vehicle accident, can he continue to seek medical attention at sea?

MultiRegion, United States of America

The following excerpt is from Germain v. Ficarra (In re Germain), 824 F.3d 258 (2nd Cir. 2016):

Second, the district court rejected Germain's argument that this type of incident may still potentially disrupt maritime commerce because an injured passenger in navigable waters invites rescue. Ficarra , 91 F.Supp.3d at 315 (quotation marks omitted). Although the district court recognized that some courts have accepted this argument, it found that those cases typically involve rescue at sea or far from shore where the potential risk of an emergency response to snarl commercial shipping traffic is more realistic. Id. (citing Roane , 330 F.Supp.2d at 314 ; Szollosy v. Hyatt Corp. , 208 F.Supp.2d 205, 212 (D. Conn. 2002) ).

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