Philip Stanfield v. Shellmaker, Inc.

Good Law
869 F.2d 521·1989 WL 19340·1989 U.S. App. LEXIS 2894
United States Court of Appeals for the Ninth CircuitMarch 9, 198987-2920California2,155 words

Opinion

Opinion

Canby, J.

Phillip Stanfield appeals from a final judgment in the district court following a bench trial of his claims under the Jones Act, 46 U.S.C.App. § 688. Stanfield contends that the district court erred in finding as a matter of law that he was not a “seaman” under the Jones Act because he was employed on a vessel that was not operating on navigable waters. He further contends that the district court erred in finding that the “fleet seaman" doctrine did not cure his problems arising from the location of the vessel at the time of the injury. We agree with the district court that the working location of the vessel on which Stanfield was assigned takes him out of the reach of the Jones Act. We therefore affirm.

FACTUAL BACKGROUND

Phillip Stanfield worked for defendant Shellmaker on a project-by-project basis from February 26, 1983, until his injuries precluded further active dredging work in March of 1984. Stanfield worked as a dredge surveyor, designing dredge cuts or excavations, plotting the dredge’s stations or positions, and calculating her daily production. When a dredging job was completed, Stanfield was laid off, to await being rehired for the next project.

The dredge to which…

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