Legal Opinion

Bobby Joe Smith v. Massman Construction Company and Travelers Insurance Company

Court of Appeals for the Fifth Circuit

Decided November 19, 1979No. 78-3789PublishedCited by 18 opinions

1Per curiam

This appeal raises the question of whether the district court erred in granting defendant’s motion for summary judgment holding that the structure on which plaintiff allegedly was injured was not a vessel for purposes of the Jones Act, 46 U.S.C.A. § 688.

Appellant was working primarily as a welder on a structure known as a caisson when his alleged injury occurred. The caisson resembles a large topless steel box approximately 200 feet long, 84 feet wide, and 20 feet high. It had been pushed by two boats from Belle Chasse, Louisiana where it was built, to Luling, Louisiana where it was secured…

2Cases cited4 opinions

  1. Producers Drilling Company and Liberty Mutual Insurance Company v. Luther GrayCourt of Appeals for the Fifth Circuit · 1966
  2. Leonard v. Exxon Corp.Court of Appeals for the Fifth Circuit · 1978
  3. Clyde E. Hicks v. Ocean Drilling and Exploration Company, Defendant-Third Party Plaintiff- Appellant-Appellee, H. B. Buster Hughes, Inc., Third Party Hester Goforth v. Ocean Drilling and Exploration Co., Defendants-Appellants-Appellees, H. B. Buster Hughes, Inc., Charles Norman Glover v. Ocean Drilling Exploration Co., Defendants-Appellants-Appellees, H. B. Buster Hughes, Inc.Court of Appeals for the Third Circuit · 1975
  4. Rudolph E. Hill v. B.F. Diamond, Trading as Diamond Construction Company, John Gence Hodges v. B. F. Diamond, Trading as Diamond Construction CompanyCourt of Appeals for the Fourth Circuit · 1962

3Cited by18 opinions

  1. Robert Bernard v. Binnings Construction Co., Inc.Court of Appeals for the Fifth Circuit · 1984
  2. Pillsbury Co. v. Midland Enterprises, Inc.District Court, E.D. Louisiana · 1989
  3. Leon J. Brunet, Jr. v. Boh Brothers Construction Co., Inc.Court of Appeals for the Fifth Circuit · 1983
  4. Dale v. Luhr Brothers, Inc.Appellate Court of Illinois · 1987
  5. Fishboats, Inc. v. WelzbacherMississippi Supreme Court · 1982

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