Court Holds That An Individual Injured While Working On A Barge Afloat In Louisiana Navigable Waters Which Had No Working Equipment On Board, No Crew, No Kitchen And Incomplete Crew...
Court Holds That An Individual Injured While Working On A Barge Afloat In Louisiana Navigable Waters Which Had No Working Equipment On Board, No Crew, No Kitchen And Incomplete Crew Quarters Was Not A Jones Act Seaman Because The Barge Was Not A "Vessel In Navigation".
JODY TAYLOR versus DELTA SEABOARD WELL SERVICE, INC.
CIVIL ACTION NO. 01-3409 SECTION: E/2
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA
2002 U.S. Dist. LEXIS 10429
June 3, 2002, Decided
June 3, 2002, Filed; June 4, 2002, Entered
DISPOSITION: Defendant Delta Seaboard Well Service, Inc.'s motion for summary judgment GRANTED.
PROCEDURAL POSTURE: Plaintiff employee filed a "seaman's complaint" against defendant employer for maintenance and cure, negligence, and unseaworthiness. The employer moved for summary judgment. The issue was whether the employee qualified as a "seaman" under the Jones Act.
OVERVIEW: A worker was a seaman if he was (1) assigned permanently to or performed a substantial part of his work on (2) a vessel in navigation (3) contributing to the function of the vessel or to the accomplishment of its mission. The key to seaman status was employment related connection to a vessel in navigation. The essence of the employer's argument was that the rig on which the employee was injured was not a vessel in navigation at the time of the accident. The employee argued that at the time of the accident, the rig was a barge afloat in Louisiana navigable waters and as such was a vessel in navigation. The court found that whether a vessel may have been in navigation at some point before and after a particular casualty was immaterial to whether it was in navigation at the time of that casualty. There was no dispute that the rig, which was being refurbished, was not engaged in its expected duties at the time of the accident. It had no working equipment on board, no deck, no crew, no kitchen, and incomplete crew quarters. Therefore, the court found that it was not a vessel in navigation. Since the rig was not a vessel in navigation, the employee was not a Jones Act seaman.
OUTCOME: Defendant's motion for summary judgment was granted.
