Boy Scouts of America v. Graham

I dissent because I do not believe Congress intended by the Jones Act to create access to insurance for catastrophic injuries suffered by hobby sailors who, from time to time, venture onto navigable waters without pay, for their own benefit, or, for the benefit of others they choose as objects of their bounty and good will.

The statute provides that “[a]ny seaman who shall suffer personal injury in the course of his employment may ... maintain an action for damages at law ...” 46 U.S.C.App. § 688. The injured party must prove three facts: 1) personal injury; 2) seaman status; and 3) that the…