Larry Naquin, Sr. v. Elevating Boats, L.L.C.

I concur in all of this good opinion except the decision affirming Naquin’s status as a seaman. On this issue, I respectfully disagree.

I. Seaman Status Elements

To be a seaman, Naquin must satisfy the two-prong test established in Chandris v. Latsis: (1) his duties must contribute to the function of the vessel or to the accomplishment of its mission; and (2) he must have a connection to a vessel in navigation (or to an identifiable group of such vessels) that is substantial in terms of both duration and nature. Chandris v. Latsis, 515 U.S. 347, 368, 115 S.Ct. 2172, 132 L.Ed.2d 314 (1995). I…