Legal Opinion
David Tonnesen v. Yonkers Contracting Company, Inc. And Weeks Marine Inc., a Joint Venture
Court of Appeals for the Second Circuit
Decided April 19, 1996No. 581, Docket 95-7439PublishedCited by 29 opinions
1Opinion of the Court
PARKER, District Judge:
The issue presented on this appeal is when is a barge that is used as a work platform not a “vessel in navigation” as a matter of law. David Tonnesen sued under the Jones Act, 46 U.S.C.App. § 688 et seq., and the Long-shore and Harborworkers Compensation Act, 33 U.S.C. § 901 et seq. (“LHWCA”) for injuries sustained while working on a stationary barge, the Weeks 276. The district court granted summary judgment to Yonkers Contracting Co., Inc. and Weeks Marine Inc. (‘Yonkers/Weeks”). The decision on the Jones Act claim was based on the finding that the Weeks 276 was not a…
2Cases cited25 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- McDermott International, Inc. v. WilanderSupreme Court of the United States · 1991
- Chandris, Inc. v. LatsisSupreme Court of the United States · 1995
- Offshore Co. v. RobisonCourt of Appeals for the Fifth Circuit · 1959
- International Stevedoring Co. v. HavertySupreme Court of the United States · 1926
20 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Gerard O'Hara and Lisa O'Hara v. Weeks Marine, Inc. And Collazo Contractors, Inc.Court of Appeals for the Second Circuit · 2002
- Uzdavines v. Weeks Marine, Inc.Court of Appeals for the Second Circuit · 2005
- Stewart v. Dutra Construction Co.Court of Appeals for the First Circuit · 2000
- Greenly v. Mariner Management Group, Inc.Court of Appeals for the First Circuit · 1999
- Tilcon New York v. VolkCourt of Appeals for the Second Circuit · 2017
24 more not listed; retrieve them via the Exa API.