Spears

Spears v. Kajima Engineering & Construction, Inc.

Good Law
101 Cal. App. 4th 466·124 Cal. Rptr. 2d 97·2002 Cal. App. LEXIS 4526·2002 Daily Journal DAR 9646·2002 A.M.C. 2157
Court of Appeal of CaliforniaAugust 21, 2002B149539California5,969 words

Opinion

Opinion

Johnson, J.

Melvin Spears was injured while he was working aboard a derrick barge owned and operated by his employer, Kajima Engineering & Construction, Inc. Spears applied for and apparently has received benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA). He filed this action against Kajima alleging he is a “seaman” entitled to recover damages under the Jones Act and general maritime law. He filed a first amended complaint further alleging he is entitled to recover damages under the LHWCA, even if he does not meet the test for seaman status, because Kajima breached its duty as a third party vessel owner (not as Spears’s employer) to turn over a seaworthy barge to Spears and others working on a waterfront construction project. The trial court granted Kajima’s motions for summary adjudication and summary judgment. We affirm.

Facts and Proceedings Below

The following facts are undisputed.

On or about April 4, 1996, the International Union of Operating Engineers, Local 12 dispatched Spears to work for Kajima as a heavy duty repairman on a job called the Berth 301 project. Kajima was constructing a wharf at Terminal Island. Spears reported for work at Todd’s…

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