[B]Date Decided[/B]: Feb 14th, 2007
[B]Decided By[/B]: U.S. Court Of Appeals, Ninth Circuit (federal)
[B]Court[/B]: United States Court of Appeals for the Ninth Circuit
[B]Citation[/B]: Scheuring v. Traylor Brothers, Inc., 476 F.3d 781, 2007 AMC 386 (9th 2010)
Kevin Scheuring began workingas a crane operator for Traylor Brothers, Inc. (TB), in August of 2002 aboardthe William F; a 130-foot long, 798-ton, steel-hulled derrick barge used inconstruction projects which was owned and operated by TB. The barge did not navigate on its own powerbut could reposition and maneuver itself by means of winches and was subject totides, swells, waves, and wakes. Scheuring was hired by TB for the duration of a construction project inthe Long Branch Cruise Terminal. His jobrequired him to operate the crane to loft pile, hold leads, start the hammerthat drives the pile. Occasionally hehelped move the William F, handled lines, weighed and dropped anchors, stoodlook out, spliced wire and rope, and monitored the radio.
In order to board the WilliamF., the employees had to walk down a ramp to an offshore float where a skiffwould take them out to the barge. OnSeptember 11, 2002 Scheuring and several other employees attempted to lift the180-pound ramp, which would often fall into the water because it could not beaffixed to the float, out of the water. In doing so, Scheuring slipped and injured his back.
Scheuring filed suitagainst Traylor brothers alleging that TB knew of this problem for two monthsand that he was entitled to recover under the Jones Act 46 U.S.C. app. § 688 or, in the alternative, under the Longshore and Harbor Workers’Compensation Act, 33 U.S.C. § 905(b). In response, TB filed a motion for summaryjudgment against both of Scheurings claims which the district court granted. Scheuring appealed the district court’sdecision to grant both motions for summary judgment. Read More…