Ten Fong Craig, Individually and as Administratrix of the Estate of William Henry Craig Deceased v. Atlantic Richfield Co.

Good Law
19 F.3d 472·94 Daily Journal DAR 3755·1994 WL 90338·1994 A.M.C. 1354·28 Fed. R. Serv. 3d 1044
United States Court of Appeals for the Ninth CircuitMarch 23, 199492-16962California3,283 words

Opinion

Opinion

Farris, J.

Plaintiff Ten Fong Craig (widow of William H. Craig), individually and as administratrix of the estate of William H. Craig, appeals the district court’s judgment in favor of defendants Atlantic Richfield Co., Brinkerhoff Maritime Drilling Corporation and Crowley Maritime Corporation. The district court held that (1) plaintiff was not entitled to a .jury trial, (2) the Sinkler/Hopson doctrine did not apply to defendants Brinkerhoff and Crowley, (3) defendants Brinkerhoff and Crowley were not negligent, and (4) an airplane is not an “appurtenance”’ of a vessel.

The district court had jurisdiction pursuant to the Jones Act, 46 U.S.CApp. § 688. We have jurisdiction pursuant to 28 U.S.C. § 1291 .

I. BACKGROUND

William Craig was killed in an airplane crash in Indonesia while being transported to work in a DC-3 airplane operated by Airfast, an aircraft charter company. At the time of the crash, Craig was an employee of Brinker-hoff, the wholly owned subsidiary of Crowley.

William Craig worked aboard the offshore drilling barge Brinkerhoff-I, a vessel operated by Brinkerhoff and Crowley. Brinkerhoff had entered into a drilling contract with Atlantic Richfield Indonesia Inc. (not a…

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