Byron Gizoni v. Southwest Marine, Incorporated

Appellant Byron Gizoni appeals the district court’s ruling on summary judgment that as a matter of law he is not a “seaman” under the Jones Act, 46 U.S.C.App. § 688, but a harbor worker precluded from recovering under the Jones Act by the exclusive remedy provision of the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 et seq. (“LHWCA”). We reverse and remand.

FACTS

Appellee Southwest Marine, Inc., operates a ship repair facility in San Diego, California. In connection with its ship repair activities, Southwest Marine owns- several floating platforms. These platforms by themselves have no power, means of steering, navigation lights, navigation aids, or facilities for crew. They are moved about by tugboats, which position the platforms alongside vessels that are being repaired at berths or in dry dock at Southwest Marine’s shipyard or at the nearby Naval Station. So placed, the platforms support workers engaged in ship repair, along with necessary materials and equipment. Those materials and equipment are usually loaded onto the platform before it is tugged into position.

Gizoni was a rigging foreman employed by Southwest Marine. In that capacity, Gizoni worked…