Melvin McCown v. Humble Oil & Refining Company

BUTZNER, Circuit Judge:

The district court held that Melvin McCown, a shipyard worker, was not entitled to the warranty of seaworthiness and granted summary judgment for Humble Oil & Refining Company, owner of the tanker, ESSO BERMUDA. We affirm because McCown was not performing the traditional work of a seaman when he was injured aboard the ship.

Humble sent the ESSO BERMUDA to the Newport News Shipbuilding & Drydock Company for work that cost $407,194 and required 36 days. During this time, electricity, steam, and fresh water were supplied by the yard. The tanker’s boilers were shut down and…