Jones

Robert Jones appeals from a summary judgment granted in favor of respondent, Dutra Construction Company. The trial court found appellant’s action for negligence barred by section 905(b) of title 33 of the United States Code, part of the federal Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. § 901 et seq.). Appellant urges the trial court erred in finding that provision applied to him.

Statement of the Case and Facts

Respondent is a marine construction firm engaged in business activities including dredging, harbor work, pier and wharf construction, and levee construction. It has an in-house equipment division that maintains, repairs and modifies its own equipment. Respondent owns and operates a fleet of construction vessels, including barges, dredges, tugs and scows. Respondent does not build or repair vessels for outside customers, perform shipbreaking, own a dry dock, or operate a shipyard.

Appellant, whose working life began before 1958, has held a number of jobs, including at a plywood peeling plant, at a stud mill, as a mechanic, as proprietor of a tire store, and as a construction worker. On October 22,1994, appellant was one of a number of welders…