Gault
Gault v. Modern Continental/Roadway Construction Co. Joint Venture
Opinion
Opinion
Epstein, J.
Rupert Gault sued his employer, Modem Continental/Roadway Construction Company, Inc. Joint Venture after suffering an injury while working on a barge being used to build a. bridge over a flood control channel. The suit was brought under the Jones Act ( 46 U.S.C. § 688 ), the Longshore and Harbor Workers’ Compensation Act (LHWCA; 33 U.S.C. § 901 et seq.), and general maritime law. The trial court granted defendant’s motion for summary judgment, finding as a matter of law that plaintiff was not a “seaman” on a “vessel in navigation” in “navigable waters.” We reverse, finding a triable issue of material fact as to plaintiff’s entitlement to a Jones Act remedy.
Factual and Procedural Summary
Our factual recital is taken from the undisputed separate statements of facts and the undisputed evidence offered in support of those facts.
Plaintiff was employed by defendant as a construction worker in a project to build a bridge over the Dominguez Channel in Carson, California. The Dominguez Channel is a flood control channel operated by the Los Angeles County Flood Control District.
Plaintiff is trained as a pile driver. He is a member of the Brotherhood of Pile Drivers, has…