D. C. Thompson v. Crown Petroleum Corporation

The District Court dismissed this Jones Act 1 suit on motion of respondent alleging lack of jurisdiction over both the subject matter and the person. Attached to the motion to dismiss was an affidavit by the President of the defendant corporation showing, inter alia, that plaintiff was employed as a driller helper on a stationary, fixed rig set up on a platform which had been in place for many years, located several miles out in the Gulf of Mexico off the coast of Louisiana, on which rig the injury occurred. The affidavit was not controverted. Fed.R. Civ.P. 56(e).

We affirm. Plaintiff lacks…