Randall Dobrydnia v. Farwest Fisheries, Inc. F/v Emblem, Her Engines, Tackle, Gear, Apparel, Furniture, and Equipment, in Rem

99 F.3d 1145 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Randall DOBRYDNIA, Plaintiff-Appellee, v. FARWEST FISHERIES, INC.; F/V EMBLEM, her engines, tackle, gear, apparel, furniture, and equipment, in rem, Defendants-Appellants. No. 95-35887. United States Court of Appeals, Ninth Circuit. Submitted Oct. 10, 1996. * Decided Oct. 25, 1996. Before: BROWNING, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Farwest Fisheries, Inc. and F/V Emblem in rem 1 appeal the district court's judgment in favor of Randall Dobrydnia who sought damages for personal injuries sustained on board the Emblem. See 46 U.S.C. § 688 . Farwest contends that the district court erred when it held that Dobrydnia was an employee of Farwest and when it refused to apply the primary duty rule. We reverse. 3 1. Farwest asserts that Judge Holland erred when he concluded that, as a matter of law, if there was no bareboat charter, Dobrydnia was an employee of Farwest's for purposes of the…