Legal Opinion

Herman J. Smith and Shirley B. Smith v. Nicklos Drilling Company and Compass Insurance Company, Defendants

Court of Appeals for the Fifth Circuit

Decided May 23, 1988No. 87-3071PublishedCited by 7 opinions

1Opinion of the Court

GEE, Circuit Judge:

Once again we address one of our Court’s prime recurring issues: has a particular injured worker been permanently assigned to or performed a substantial part of his work on a vessel so as to qualify to sue as a seaman under the Jones Act? Fashioning a bright line rule has troubled our court, see Barrett v. Chevron, U.S.A., Inc., 781 F.2d 1067 (5th Cir.1986), but the facts presented here do not approach the lenient line that we have drawn. We therefore affirm summary judgment for the defendant.

Facts

Appellant Herman Smith worked for several years as a mechanic for Nicklos…

2Cases cited4 opinions

  1. Jethro Barrett v. Chevron, U.S.A., Inc., E.B.B. Co., Inc. And Lift Barge, Inc. v. Maryland Casualty Company, Intervenor-AppellantCourt of Appeals for the Fifth Circuit · 1986
  2. Guidry v. South Louisiana Contractors, Inc.Court of Appeals for the Fifth Circuit · 1980
  3. Michael Savoie, Cross-Appellant v. Otto Candies, Inc., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1982
  4. Beard v. Shell Oil Co.Court of Appeals for the Fifth Circuit · 1979

3Cited by7 opinions

  1. Garner v. Pool Co. of TexasLouisiana Court of Appeal · 1992
  2. Martin v. Fab-Con, Inc.District Court, E.D. Louisiana · 2014
  3. McInnis v. Parker Drilling Co.Louisiana Court of Appeal · 2005
  4. Sepulvado v. ALPHA DRILLING, LLCDistrict Court, W.D. Louisiana · 2010
  5. Gage v. Canal Barge Company, Inc.District Court, M.D. Louisiana · 2020

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