Hutchins

Respondent Robert L. Hutchins filed a seaman’s personal injury action under the Jones Act ( 46 U.S.C. § 688 et seq.) and general maritime law against appellant Juneau Tanker Corporation (Juneau) and OMI Corporation (OMI). The action was filed in superior court pursuant to the “savings to suitors clause” which provides state courts with concurrent maritime jurisdiction. ( 28 U.S.C. § 1333 (1).)

Factual and Procedural Background

On December 22, 1987, Hutchins was serving as an able-bodied seaman aboard Juneau’s vessel SS Overseas Juneau. His assigned overtime work that day was the lubrication or “slushing” of two of the three mooring wires spooled on winches at the stern of the vessel’s main deck. Slushing of the wire rope required removal of old grease and application of new grease. The entire length of the wire had to be pulled off the core of the drum in preparation of this task. At least three able-bodied seaman were involved in this slushing operation. The bosun had ordered Hutchins to coil or “fake” the wire rope into figure eight’s as it came off the warping capstan. This required pulling the wire off the capstan and reshaping it into figure eight’s on the deck.…