Freddie Thomas, Jr. v. Peterson Marine Service, Inc.

Peterson Marine Service, the defendant-appellee, employed Freddie Thomas, the plaintiff-appellant, to work in the hold of the S/T MOBIL ACME, a vessel owned by Mobil Oil Corporation. At the time of appellant’s injury, he was scooping excess coconut oil from the hold and his employer Peterson Marine had exclusive control of that part of the ship. He first asserted a claim under the Longshoremen’s and Harbor Workers’ Compensation Act (33 U.S.C. § 901 et seq.) but then shifted ground and filed a complaint under the Jones Act (46 U.S.C. § 688) and general maritime law. The district court granted…