Freeze

Plaintiff Mary Freeze was injured while she moored a barge owned by her employer, defendant Lost Isle Partners (Lost Isle). In her amended complaint, she sought relief under the Jones Act (46 U.S.C. Appen. § 688(a)) and the Longshore and Harbor Workers’ Compensation Act (LHWCA) ( 33 U.S.C. § 905 (b)). Additionally, Freeze alleged claims of negligence and unseaworthiness of a vessel under general maritime law. During the trial, Freeze abandoned her LHWCA claim because she was excluded from coverage under that act. She requested the court to instruct the jury on her other causes of action, in the alternative, contending that the negligence and unseaworthiness claims were not dependent on her entitlement to relief under the Jones Act. The trial court refused to charge the jury as requested by Freeze. Instead, the jury was directed not to consider the general maritime causes of action if they found Freeze was not a “seaman” under the Jones Act. The jury found in favor of Lost Isle on the Jones Act claim, determining that Freeze was not a “seaman.” After a judgment in favor of Lost Isle was filed on September 7, 2000, Freeze filed a timely notice of appeal. By a subsequent…