Calvin Jones v. Mississippi River Grain Elevator Company

TATE, Circuit Judge:

The plaintiff Jones, a bargeman employed by a grain elevator, sues his employer for negligent injury, alleging he was a Jones Act seaman, and alternatively for injury sustained through the unseaworthiness of a barge on which he was working (which was not owned by his employer). On the basis of the factual showing made, the district court granted summary judgment dismissing the suit. The court held that Jones was not a “seaman” and that, as an amphibious worker covered by the Longshoremen’s and Harbor Workers’ Act, his sole remedy was for compensation under that Act. We…