Legal Opinion
Spears v. Kajima Engineering & Construction, Inc.
California Court of Appeal
Decided August 21, 2002No. B149539PublishedCited by 2 opinions
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
JOHNSON, J.
Melvin Spears was injured while he was working aboard a derrick barge owned and operated by his employer, Kajima Engineering & Construction, Inc. Spears applied for and apparently has received benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA). 1 He filed this action against Kajima alleging he is a “seaman” entitled to recover damages under the Jones Act 2 and general maritime law. He filed a first amended complaint further alleging he is entitled to recover damages under the LHWCA, even if he does not meet the test for seaman status, because Kajima…
2Cases cited17 opinions
- McDermott International, Inc. v. WilanderSupreme Court of the United States · 1991
- Chandris, Inc. v. LatsisSupreme Court of the United States · 1995
- Merrill v. Navegar, Inc.California Supreme Court · 2001
- Harbor Tug & Barge Co. v. PapaiSupreme Court of the United States · 1997
- Southwest Marine, Inc. v. GizoniSupreme Court of the United States · 1991
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3Cited by2 opinions
- Dize v. Association of Maryland PilotsCourt of Appeals of Maryland · 2013
- Cigna Property & Casualty v. RuizDistrict Court, S.D. Florida · 2003