Larry J. Durr v. Global Marine, Inc., Global Drilling and Marine Company, Inc.

POLITZ, Circuit Judge:

This appeal of a summary judgment in favor of the defendant, based upon stipulated facts, poses a sharply focused inquiry. May a longshoreman sue the vessel owner— who, as the employer of the longshoreman, is liable for benefits under the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. §§ 901-50 — when injured by the negligence of a crewmember performing stevedoring duties? We recently answered this question in the negative. Cavalier v. T. Smith and Son, Inc., 668 F.2d 861 (5th Cir. 1982). In doing so, we joined our colleagues in other circuits who…