Napier v. F/V DEESIE, INC.

MEMORANDUM AND ORDER ON DEFENDANT, F/V DEESIE, INC.’S AMENDED MOTION FOR SUMMARY JUDGMENT (# 26)

COLLINGS, United States Magistrate Judge.

I. Introduction

On December 27, 2002, plaintiff James Napier (“Napier”), a member of the crew of the F/V DEESIE, filed a complaint against the corporate entity F/V DEESIE, Inc. which owned, operated and controlled the F/V DEESIE. It is alleged that while the vessel was in navigable waters, Napier sustained serious personal injuries. As a consequence, the plaintiff alleges three counts against the defendant: a claim under the Jones Act (Count I), a claim of…