Legal Opinion

Glenn Ellender v. Kiva Construction & Engineering, Inc.

Court of Appeals for the Fifth Circuit

Decided August 22, 1990No. 90-3179PublishedCited by 30 opinions

1Opinion of the Court

EDITH H. JONES, Circuit Judge:

Glenn Ellender appeals from a summary judgment which determined as a matter of law that he was not a Jones Act seamen because the construction platform upon which he worked was not a “vessel.” According to our precedents, we must affirm.

For several weeks before his accident, Glenn Ellender worked for Kiva Construction & Engineering Inc. (Kiva) as a contract laborer and then as a rigger. On his first assignment, he helped Kiva lay pipelines and perform maintenance work on an existing oil platform in Chandeleur Sound. Although Kiva used its own spud barge, the KC &…

2Cases cited14 opinions

  1. Offshore Co. v. RobisonCourt of Appeals for the Fifth Circuit · 1959
  2. 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
  3. Robert Bernard v. Binnings Construction Co., Inc.Court of Appeals for the Fifth Circuit · 1984
  4. Brian Gremillion and Connie Gremillion v. Gulf Coast Catering Company, Doerle's Quarterboats, Inc., and Albany Insurance CompanyCourt of Appeals for the Fifth Circuit · 1990
  5. Robert D. Cook v. Belden Concrete Products, Inc., Division of Rockwin CorporationCourt of Appeals for the Fifth Circuit · 1973

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3Cited by30 opinions

  1. David Burchett and Cheryl Burchett v. Cargill, Inc., Defendant-Intervenor-Appellee v. Marine Equipment Management CorporationCourt of Appeals for the Fifth Circuit · 1995
  2. Leroy Michel, Jr. And Cindy Michel, Cross-Appellants v. Total Transportation, Inc. And Assuranceforeningen Gard, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1992
  3. Rocco P. Digiovanni, Jr. v. Traylor Brothers, Inc.Court of Appeals for the First Circuit · 1992
  4. Don W. Kathriner v. Unisea, Inc., a Washington CorporationCourt of Appeals for the Ninth Circuit · 1992
  5. Arabie J. Manuel v. P.A.W. Drilling & Well Service, Inc. Westwood Insurance Company, Ltd.Court of Appeals for the Fifth Circuit · 1998

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