Delange

Delange v. Dutra Construction, Co.

Good Law
183 F.3d 916
United States Court of Appeals for the Ninth CircuitMarch 16, 1999No. 96-17270California2,234 words

Opinion

Lead Opinion

ORDER

The request for publication is granted. The Memorandum filed March 16, 1999, is redesignated as a per curiam opinion.

OPINION

Brian Louis Delange (“Delange”) appeals the district court’s grant of summary judgment for Dutra Construction Co., Inc. (“Dutra”). We affirm in part, reverse in part, and remand.

I.

Dutra hired Delange out of a carpenter’s union as a carpenter. His actual duties included mechanical work, welding, carpentry, supply runs, and occasionally pile-driving. Delange was not permanently or regularly assigned to the crew of a barge or tug used in Dutra’s construction projects, but when a barge was being moved Delange occasionally performed work typically done by deckhands, securing and stowing cargo, handling lines, and serving as a lookout. On one occasion, Delange piloted a tug.

On the day Delange was injured, he was assigned to a piledriving crew engaged in the construction of a navigation aid. He and a co-worker, Jess Jackson, rode to the construction site on a barge to be used as a work platform. The barge was towed by a tugboat.

Delange was responsible for keeping the barge’s equipment secure while the barge was in transit. When the barge arrived…

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