[B]Date Decided[/B]: Dec 11th, 2000
[B]Decided By[/B]: U.S. Court Of Appeals, Fifth Circuit (federal)
[B]Court[/B]: U.S. Court of Appeals for the Fifth Circuit
[B]Citation[/B]: In re Endeavor Marine, Inc., 234 F.3d 287, 2001 AMC 581 (5th Cir. 2000)
[B]Background[/B]:
Kevin Baye worked as a crane operator for hisemployer Crane Operators; which provides crane operators on an as-need basis tobusinesses that own or operate cranes. On April 4, 1996, Baye was working aboard the derrick barge FRANK L andwas injured while attempting to moor the barge to a cargo vessel. Baye suffered disabling knee and backinjuries from a mooring line that struck him. Baye received benefits under the Longshore Harbor Workers’ Compensation Actand now seeks recovey under the Jones Act. Baye filed suit against his employer, the barge owner, and the tug boatowner. Both vessel owners filed forlimitation of liability in Federal Court. In addition to their action seeking limitation, the two vessel ownersfiled cross-claims against Crane Operators for contribution andindemnification. In response, CraneOperators filed a motion for summary judgment in the limitation action arguingthat there is no Jones Act liability because Baye fails to satisfy therequirements of a seaman. The districtcourt granted Crane Operators motion because it found that Baye’s work did notbring him to sea. The owners of the twovessels filed appeals arguing that Baye’s seaman status is immaterial to theirright to limitation. Read More…