Orsini
Orsini v. O/S Seabrooke O.N.
Opinion
Lead Opinion
Gould, J.
This case involves the enforceability of a seaman’s release under the law of admiralty. Joseph Orsini (“Orsini”) injured his right arm and wrist while working aboard the crab fishing vessel O/S' SEABROOKE. Orsini sued the ship O/S SEABROOKE, in rem, as well as Seabrooke, Inc. and Willard Ferris, the ship’s owner (collectively “Seabrooke”). Orsini asserted claims for negligence under the Jones Act, unseaworthiness, maintenance and cure, and attorneys’ fees. The district court granted Sea-brooke’s motion for summary judgment, ruling that in exchange for cure, earned wages, airfare home, and $500, Orsini signed an enforceable release (the “Release”) that precluded Orsini’s claims. Or-sini appeals, and we have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse and remand because Seabrooke has not established the enforceability of the Release.
FACTS AND PROCEEDINGS BELOW 1 -
David Norton (“Norton”), captain of the ship, O/S SEABROOKE, hired Orsini out *956 of Kodiak, Alaska on January 9, 1998, for the Bering Sea crab fishery. The ship left Kodiak the next day and started fishing on January 17,1998.