· 3/19/1996
Jon Heise v. The Fishing Company of Alaska, Inc., a Washington Corporation Alaskan Ranger, Her Engines, Tackle, Gear, Equipment, and Appurtenances
Citations
- 79 F.3d 903
- 1996 A.M.C. 1217
- 96 Daily Journal DAR 3193
- 96 Cal. Daily Op. Serv. 1869
- 1996 U.S. App. LEXIS 4699
- 1996 WL 118279
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a “land-based maritime worker” did not become a “seaman” even when temporarily assigned to work aboard a ship
- concluding that temporary laborer who was only aboard the vessel for duration of repairs and maintenance was land-based, and thus did not work at sea.
- noting that the statement in Eagle-Picher that the 1984 amendment barred dual-capacity suits was incorrect dicta
- finding that temporary repair and maintenance worker who did not sign ship’s articles and did not sail with vessel was not a seaman
- holding plaintiff who engaged in 24 repair work aboard vessel moored in the water was merely a land-based worker and thus “was 25 not a seaman entitled to the remedies of the Jones Act,” despite his plans to join the vessel’s 26 crew when it would later leave port
- “The fact that [plaintiff] might be hired to work on the ship ... does not change his land-based status at the time the injury occurred.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Fletcher, Kozinski, Leavy
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.