Eaton

Plaintiff and appellant Bradley Eaton filed an action for personal injuries under the Jones Act, alleging that he was a “member of the crew” of defendant’s derrick barge, that the vessel was unseaworthy and defendant was negligent, and, as a result, plaintiff was injured. Defendant Connolly-Pacific, Inc., his employer, moved for summary judgment on grounds that plaintiff was not a “seaman” under the Jones Act when he was injured. The trial court granted defendant’s motion for summary judgment.

Facts

The facts are stated most favorably to plaintiff, consistent with the rules for review of a summary judgment.

In September 1977 plaintiff was employed by defendant as an equipment maintenance worker. His assignment was to dismantle a crane from “Derrick Barge No. 4.” While removing some metal from the cab of the crane, plaintiff fell from the roof of the cab and was injured. He filed a claim with the Department of Labor under the Longshoremen’s and Harbor Workers’ Compensation Act. He also filed this action.

Plaintiff had been employed by defendant for nearly 20 years, working in various capacities, chiefly at “water-based” tasks. When injured, plaintiff was, as noted, an…