Andersen

Andersen v. Deep Sea Fisheries, Inc.

Good Law
24 F. App'x 712
United States Court of Appeals for the Ninth CircuitNovember 27, 2001No. 00-35403; D.C. No. CV-99-01100-TSZCalifornia815 words

Opinion

Lead Opinion

MEMORANDUM

Lee Andersen, a former baitboy and cook aboard the F/V KARIN LYNN, appeals from the district court’s grant of summary judgment in favor of the defendants. Andersen brought claims under the Jones Act, 46 U.S.C.App. § 688, the United States Constitution Art. Ill, sec. 2, and the General Maritime Law, for an injury he sustained while employed by the defendants in the winter of 1998. Andersen asserted causes of action for unseaworthiness, maintenance and cure, and negligence. The district court granted summary judgment in favor of the defendants on each of these claims. Andersen appeals the district court ruling with respect to his claims for unseaworthiness and negligence. 2 We have jurisdiction under 28 U.S.C. § 1291 , and affirm. Bécause the parties are familiar with the facts of this case, we recite here only those facts necessary to explain our decision.

I. Jones Act Negligence

After sustaining an injury to the tip of his ring finger on his right hand sometime in January of 1998, Andersen first reported it to his Captain, Mathisen, on February 2. One week later Andersen was treated by a nurse in Akutan. In a “[t]o whom it may concern” letter, dated February 24,…

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