Legal Opinion

Gault v. Modern Continental/Roadway Construction Co. Joint Venture

California Court of Appeal

Decided July 10, 2002No. B152722PublishedCited by 7 opinions

1Opinion of the Court

Opinion

EPSTEIN, Acting P. J.

Rupert Gault sued his employer, Modem Continental/Roadway Construction Company, Inc. Joint Venture after suffering an injury while working on a barge being used to build a. bridge over a flood control channel. The suit was brought under the Jones Act (46 U.S.C. § 688), the Longshore and Harbor Workers’ Compensation Act (LHWCA; 33 U.S.C. § 901 et seq.), and general maritime law. The trial court granted defendant’s motion for summary judgment, finding as a matter of law that plaintiff was not a “seaman” on a “vessel in navigation” in “navigable waters.” We reverse,…

2Cases cited19 opinions

  1. Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
  2. Guz v. Bechtel National, Inc.California Supreme Court · 2000
  3. McDermott International, Inc. v. WilanderSupreme Court of the United States · 1991
  4. Chandris, Inc. v. LatsisSupreme Court of the United States · 1995
  5. Harbor Tug & Barge Co. v. PapaiSupreme Court of the United States · 1997

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3Cited by7 opinions

  1. Donaldson v. National Marine, Inc.California Supreme Court · 2005
  2. Leep v. AMERICAN SHIP MANAGEMENT, LLCCalifornia Court of Appeal · 2005
  3. Spears v. Kajima Engineering & Construction, Inc.California Court of Appeal · 2002
  4. Dize v. Association of Maryland PilotsCourt of Appeals of Maryland · 2013
  5. Leep v. AMERICAN SHIP MANAGEMENT, LLCCalifornia Court of Appeal · 2005

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