Where Seaman Filed In Admiralty Shipowner Did Not Have A Right To A Trial By Jury
BANUEL ROSALES VERSUS BOUCHARD COASTWISE MANAGEMENT CORP.
CIVIL ACTION No. 03-2978 SECTION "K"(2)
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA
2004 U.S. Dist. LEXIS 9172
May 18, 2004, Decided
May 19, 2004, Filed; May 20, 2004, Entered
PROCEDURAL POSTURE: Plaintiff seaman filed a motion to strike the jury in connection with the seaman's suit against defendant ship owner under the Jones Act, 46 U.S.C.S. app. ยง 688, and General Maritime Law.
OVERVIEW: The seaman was injured when he slipped and fell while working aboard the owner's vessel. The owner requested a trial by jury. The court held that the seaman's simple statement in its initial complaint that he asserted jurisdiction based on the Jones Act and the general maritime law was adequate to designate his claim as one in admiralty. Because the seaman exercised his prerogative in electing to proceed in admiralty initially, Fed. R. Civ. P. 39(a) did not apply. Since the seaman did not invoke the court's diversity jurisdiction, and instead based his claim upon admiralty jurisdiction from the outset of the litigation, the owner had no right to a trial by jury.
OUTCOME: The court granted the seaman's motion to strike the jury.
