WELDER HELD TO BE SEAMAN.
JIMMY SHAY RICHARD VERSUS MIKE HOOKS, INC., CONSOLIDATEDWITH JIMMY SHAY RICHARD VERSUS MIKE HOOKS, INC., CONSOLIDATED WITH JIMMY SHAYRICHARD VERSUS BUCYRUS-ERIE COMPANY, INC. et al.
NUMBER 99-1631, NUMBER 99-1632, NUMBER 99-1633
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT
99-1631 (La.App. 3 Cir, 10/04/00); 2000 La. App. LEXIS 2257
October 4, 2000, Decided
OVERVIEW: The appeal arose from the trial court's determination that the plaintiff, an injured welder employed by defendant, was a seaman under the Jones Act, 46 U.S.C.S. ยง 688. The defendant, a marine salvage and dredging company, brought an appeal challenging the trial court's finding. The court affirmed the judgment of the trial court. Defendant did not dispute the trial court's findings of fact. Instead, it asserted that the trial court's application of the law to the facts was erroneous. Defendant argued that plaintiff did not meet all of the criteria required for seaman status. It assigned three issues for review, all of which could be summarized as: was the nature of plaintiff's relationship to defendant's fleet of vessels sufficient for him to be a seaman? To determine whether plaintiff had a connection with defendant's vessels that was substantial in duration and nature, the court considered plaintiff's total employment relationship with defendant. The court found no error in the factual determination made by the trial court, nor did the court find any legal error leading to the conclusion that plaintiff was a seaman under the Jones Act.
OUTCOME: Judgment was affirmed. There was no error in the factual determination of the trial court that the plaintiff was a seaman, after reviewing plaintiff's total relationship with defendant's vessels.
