Lyon v. F/V Endurance, O.N. 276678

MEMORANDUM

Plaintiff-Appellant Mark Lyon appeals the district court’s grant of summary judgment in favor of Defendants-Appellees on Lyon’s admiralty claims for seaman’s injury. The district court held that Lyon fully understood his rights at the time he executed the seaman’s release agreement. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

“Applicable law requires that we scrutinize the validity of a seaman’s release under principles of admiralty law analogous to the duty owed by a fiduciary to a beneficiary, not solely under principles of contract law.” Orsini v. O/S SEABROOKE O.N., 247 F.3d 953, 959-60 (9th Cir.2001) (citing Garrett v. Moore-McCormack Co., 317 U.S. 239, 247 , 63 S.Ct. 246 , 87 L.Ed. 239 (1942)). To determine whether a seaman fully understands his rights at the time a seaman’s release is executed, the court considers: (1) the adequacy of the consideration; (2) the nature of the medical advice available to the seaman at the time of signing the release; and (3) the nature of the legal advice available to the seaman at the time of signing the release. Garrett, 317 U.S. at 248, 63 S.Ct. 246 .

The district court did not err in determining that the…