Legal Opinion
Byron Gizoni v. Southwest Marine, Incorporated
Court of Appeals for the Ninth Circuit
Decided July 24, 1990No. 88-6666PublishedCited by 28 opinions
1Opinion of the Court
CANBY, Circuit Judge:
Appellant Byron Gizoni appeals the district court’s ruling on summary judgment that as a matter of law he is not a “seaman” under the Jones Act, 46 U.S.C.App. § 688, but a harbor worker precluded from recovering under the Jones Act by the exclusive remedy provision of the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 et seq. (“LHWCA”). We reverse and remand.
FACTS
Appellee Southwest Marine, Inc., operates a ship repair facility in San Diego, California. In connection with its ship repair activities, Southwest Marine owns- several floating platforms. These…
2Cases cited11 opinions
- South Chicago Coal & Dock Co. v. BassettSupreme Court of the United States · 1940
- Senko v. LaCrosse Dredging Corp.Supreme Court of the United States · 1957
- Omar v. Sea-Land Service, Inc.Court of Appeals for the Ninth Circuit · 1987
- Kruso v. International Telephone & Telegraph Corp.Court of Appeals for the Ninth Circuit · 1989
- Edward JUDIE, Plaintiff-Appellant, v. Darrell HAMILTON, M.D.; Donald Bodenhamer; Marvin Hart; Brenda Woodward, Defendants-AppelleesCourt of Appeals for the Ninth Circuit · 1989
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Gasho v. United StatesCourt of Appeals for the Ninth Circuit · 1994
- Federal Deposit Insurance Corporation, As Receiver v. O'melveny & MeyersCourt of Appeals for the Ninth Circuit · 1992
- Southwest Marine, Inc. v. GizoniSupreme Court of the United States · 1991
- Rocco P. Digiovanni, Jr. v. Traylor Brothers, Inc.Court of Appeals for the First Circuit · 1992
- Don W. Kathriner v. Unisea, Inc., a Washington CorporationCourt of Appeals for the Ninth Circuit · 1992
23 more not listed; retrieve them via the Exa API.