Cerqueira v. Cerqueira

BREYER, Circuit Judge.

Ivo Cerqueira and his wife have sued Ivo’s brother, Antonio Cerqueira, claiming that Antonio is legally responsible for injuries that Ivo suffered while working on a fishing boat, the F/V KIMBANDA. Ivo’s complaint asserted several different legal bases for liability, including the Jones Act (Count I), “unseaworthiness” (Count II), negligence (Count III), and “maintenance and cure” (Counts IV and V). The district court granted summary judgment in favor of Antonio, the defendant, because it believed the record showed that Ivo, not Antonio, owned the boat, and because, in…