Legal Opinion

Nelson Abshire v. Seacoast Products, Inc.

Court of Appeals for the Fifth Circuit

Decided February 26, 1982No. 80-3941PublishedCited by 57 opinions

1Opinion of the Court

WISDOM, Circuit Judge:

Again this court must determine a question of seaman status under the Jones Act. We hold that there is sufficient evidence for this case to go to the jury to determine whether the plaintiff, a welder attached to a fleet of vessels, injured while replacing an engine, qualifies as a seaman under the Jones Act. Additionally, on the threshold procedural issue, we hold that the trial judge acted within his discretion in reconsidering an earlier summary judgment by another district judge holding that the plaintiff was not a seaman.

I

The appellant/defendant, Seacoast Products,…

2Cases cited25 opinions

  1. DiBella v. United StatesSupreme Court of the United States · 1962
  2. Offshore Co. v. RobisonCourt of Appeals for the Fifth Circuit · 1959
  3. Swanson v. Marra Brothers, Inc.Supreme Court of the United States · 1946
  4. Senko v. LaCrosse Dredging Corp.Supreme Court of the United States · 1957
  5. Ronnie W. Longmire v. Sea Drilling Corp.Court of Appeals for the Fifth Circuit · 1980

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3Cited by57 opinions

  1. Nelson v. Board of County CommissionersCourt of Appeals for the Tenth Circuit · 2019
  2. United States v. Michael O'keefe, Sr. Eric Schmidt John O'Brien Gary Bennett Paul SchmitzCourt of Appeals for the Fifth Circuit · 1997
  3. Jerome D. Wallace v. Oceaneering International, Defendant-Appellant-Appellee, and Cities Service Company v. Zapata Offshore Co.Court of Appeals for the Fifth Circuit · 1984
  4. Deborah M. Bertrand, Etc. v. International Mooring & Marine, Inc. v. Fidelity & Casualty CompanyCourt of Appeals for the Fifth Circuit · 1983
  5. Loumar, Inc. v. Charles Smith and Michael J. Smith, Individually and D/B/A S & S SupplyCourt of Appeals for the Fifth Circuit · 1983

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