Kevin Scheuring v. Traylor Brothers, Inc.

Plaintiff Kevin Scheming appeals an adverse grant of summary judgment. Scheming claims that he is a “seaman” entitled to consideration under the Jones Act, 46 U.S.C. app. § 688(a). In the alternative, he argues that he is entitled to sue the vessel owner in tort under the Long-shore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. §§ 901 et seq. The district court determined that he was not a “seaman” because the nature of his employment was not substantially connected to a vessel, the William F, and therefore, he could not sue under the Jones Act. Moreover, the court determined that the alleged negligence in the positioning of a ramp did not implicate the duty owed by Traylor Brothers as vessel owner, and therefore, Scheming could not sue under 33 U.S.C. § 905 (b). We reverse and remand as to both claims.

FACTUAL AND PROCEDURAL BACKGROUND

In August 2002, Kevin Scheming was hired by the defendant Traylor Brothers, Inc. as a crane operator on the William F. The William F is a 130-foot long, 798-ton, steel-hulled derrick barge used in construction projects. For the relevant period, the William F was owned and operated by Traylor Brothers. A 130-ton crane, which the…