Employee Injured On Ship In Russia Not A Seaman Due To Lack Of Connection To A Vessel In Navigation
DENNIS S. GRENNAN, Appellant, v. CROWLEY MARINE SERVICES, INC., Respondent.
No. 55134-5-I
COURT OF APPEALS OF WASHINGTON, DIVISION ONE
2005 Wash. App. LEXIS 1788
July 25, 2005, Filed
NOTICE: [*1] PUBLISHED IN PART
PRIOR HISTORY: Superior Court County: King. Superior Court Cause No: 03-2-28136-1 SEA. Date filed in Superior Court: October 8, 2004. Superior Court Judge Signing: Hon. Nicole MacInnes.
PROCEDURAL POSTURE: Appellant employee challenged a decision from the Superior Court in King County (Washington), which granted summary judgment in favor of respondent employer in an action brought under the Jones Act and general maritime law to recover for injuries suffered on a ship.
OVERVIEW: The employee was injured on a ship that was docked in Russia. He later filed an action against the employer under the Jones Act, 46 U.S.C.S. § 688, and general maritime law. The employer filed a motion for summary judgment, contending that the Longshore and Harbor Worker's Compensation Act (LHWCA) governed instead. After the motion was granted, the employee sought review. On appeal, the court determined that the situs of the injuries fell within the coverage of 33 U.S.C.S. § 903(a). There was no genuine issue of material fact whether the employee had the status of "seaman" at the time of his injury. He did not have "seaman" status because he lacked a connection to a vessel in navigation that was substantial both in terms of duration and nature. Rather, he was an "employee" for purposes of and subject to exclusive coverage under 33 U.S.C.S. § 905(a). Thus, dismissal of his claims was proper. Next, the court reversed the sanctions awarded under Wash. Super. Ct. Civ. R. 37 for the failure to produce a document because the three-part inquiry was not conducted. The court did not consider whether the violation was willful, if there was prejudice, or if a lesser sanction was appropriate.
OUTCOME: The court affirmed the decision to grant summary judgment in favor of the employer and the order denying the employee's motion to strike the employer's affirmative defense. The court vacated the sanctions order and remanded that issue for further consideration.
