Legal Opinion

Delos Jenkins v. Aquatic Contractors & Engineers

Court of Appeals for the Fifth Circuit

Decided September 3, 1971No. 30929_1PublishedCited by 19 opinions

1Per curiam

This appeal combines the perennial question of seaman status under the Jones Act, 46 U.S.C.A. § 688, with a challenge to an extraordinarily generous $100,000 jury verdict. The District Court concluded that the plaintiff was a Robison 1 seaman as a matter of law and granted his motion for summary judgment on that issue. We affirm that judgment but remand for additional consideration of the jury’s award of damages.

Appellee Delos Jenkins, working as a welder on a pipe-laying barge, was injured while attempting to move some steel plate. In his affidavit he stated that at the time of the accident…

2Cases cited8 opinions

  1. Offshore Co. v. RobisonCourt of Appeals for the Fifth Circuit · 1959
  2. Marsh v. Illinois Cent. R. Co.Court of Appeals for the Fifth Circuit · 1949
  3. Gorsalitz v. Olin Mathieson Chemical Corp.Court of Appeals for the Fifth Circuit · 1970
  4. Bruce Construction Corporation v. United States of America for Use of Westinghouse Electric Supply CompanyCourt of Appeals for the Fifth Circuit · 1957
  5. George W. Whiteman v. Elsoyd PitrieCourt of Appeals for the Fifth Circuit · 1955

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3Cited by19 opinions

  1. Heatransfer Corporation v. Volkswagenwerk, A. G.Court of Appeals for the Fifth Circuit · 1977
  2. Luke Bonura, Jr., Cross-Appellant v. Sea Land Service, Inc., Cross-Appellee, Atlantic & Gulfstevedores, Inc., IntervenorCourt of Appeals for the Fifth Circuit · 1975
  3. Evan Lee Deakle, Jr. v. John E. Graham & Sons, a Corp. M/v Clara G., Her Engines, Hull, Tackle, Cargo and Appurtenances ThereofCourt of Appeals for the Eleventh Circuit · 1985
  4. Bailey T. Debardeleben and Richard Egan, Surviving Trustees of Debardeleben Employee's Retirement Plan v. Marcellus M. CummingsCourt of Appeals for the Fifth Circuit · 1972
  5. Beard v. Shell Oil Co.Court of Appeals for the Fifth Circuit · 1979

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