Byron Gizoni v. Southwest Marine Incorporated

Byron Gizoni appeals after a jury trial in which the jury found that he was not a “seaman” under the Jones Act, 46 App. U.S.C. § 688. Gizoni argues that the trial court erred in instructing the jury on the definition of “seaman.” We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse and remand.

I

FACTS

Byron Gizoni worked for Southwest Marine as a shore-based rigger and rigging-foreman. He was allegedly injured when he stepped into a hole in the deck of a pontoon barge owned by his employer. At the time of the accident, the floating work-platform (or barge) was secured to the end of a floating dry-dock in which a naval vessel was being repaired in Southwest’s shipyard. The barge was being used to help repair the rudder of a U.S. Navy Ship.

Gizoni sued Southwest Marine under the Jones Act, 46 App.U.S.C. § 688, alleging that he was a seaman because of his work aboard various barges and watercraft owned by Southwest Marine. The Jones Act provides a cause of action in negligence for any “seaman” injured “in the course of his employ ment,” but does not define seaman. Id. The district court originally granted summary judgment in favor of Southwest because it found that…