McArthur v. Ingalls Shipbuilding, Inc.

879 So. 2d 500, 2004 Miss. App. LEXIS 252, 2004 WL 614849
CourtCourt of Appeals of Mississippi
DecidedMarch 30, 2004
DocketNo. 2002-CA-00975-COA
StatusPublished
Cited by1 cases

This text of 879 So. 2d 500 (McArthur v. Ingalls Shipbuilding, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McArthur v. Ingalls Shipbuilding, Inc., 879 So. 2d 500, 2004 Miss. App. LEXIS 252, 2004 WL 614849 (Mich. Ct. App. 2004).

Opinion

McMILLIN, C. J.,

for the Court.

¶ 1. The Circuit Court of Jackson County granted summary judgment against Darrin Louis McArthur in his negligence claim for injuries arising out of a work-related accident. The claim was asserted against McArthur’s employer under the Jones Act. The circuit court determined [502]*502that there was no genuine disputed issue of fact regarding McArthur’s status as a seaman within the meaning of the Jones Act. The court concluded that, as a matter of law, McArthur was not a seaman and could not, therefore, pursue a Jones Act claim. Rather, the court found that his sole remedy was under the Longshoremen and Harbor Workers Compensation Act. McArthur has appealed, asserting that his status as a seaman was a disputed issue of fact that could only be decided by a jury after hearing evidence on the issue. For that reason, McArthur contends, the trial court erred in granting summary judgment. Based upon our de novo review of the record, we do not find error in the trial court’s decision and, for that reason, we affirm the grant of summary judgment.

I.

Facts

¶ 2. The case presents a straightforward question that can be framed adequately without a detailed initial recitation of the facts. McArthur worked in the Ingalls Shipyards as a diver engaged primarily in making underwater repairs to the shipyard’s dry docks. To facilitate the carrying out of repair work, McArthur and other divers worked a substantial part of the time from a floating platform that could be moved along the dry dock to the particular work site. The platform was not independently powered. Instead, it was pushed from one work site to another by a skiff powered by an outboard motor.

¶ 3. In the course of making a dive, McArthur was injured in a mishap alleged to have been caused when a fellow workman mistakenly opened a underwater vent in the dry dock, which caused McArthur to be sucked into the opening. In the action that is now before this Court, McArthur sought damages against his employer sounding in negligence under the Jones Act. The proper outcome of this case turns on the issue of whether or not McArthur was performing the duties of a seaman within the meaning of that term in the Jones Act at the time of his injury. For purposes of our analysis, the issue can be further refined to the question of whether McArthur was performing his duties as a member of a crew on a vessel in navigation.

¶ 4. The circuit court determined that the platform from which McArthur was diving was not a vessel in navigation within the meaning of the Jones Act, thus necessarily denying McArthur the status of a seaman authorized to pursue a negligence claim against his employer under that statute. It is from that determination that McArthur has brought this appeal.

II.

General Discussion

¶ 5. When called upon to review a trial court’s decision to grant summary judgment, an appellate court affords no deference to the trial court’s decision, but rather conducts a de novo review of the same information considered by the trial court to determine whether, in the view of the appellate court, the summary judgment was properly entered. Lyle v. Mladinich, 584 So.2d 397, 398 (Miss.1991) (citing Short v. Columbus Rubber & Gasket Co., 535 So.2d 61, 65 (Miss.1988)). The court must consider the available evidence in the light most favorable to the non-moving party. Palmer v. Biloxi Reg’l Med. Ctr., Inc., 564 So.2d 1346, 1354 (Miss.1990). Further, the law suggests the need to err on the side of caution and permit a full development of the facts through trial in those instances where the propriety of summary judgment appears a close question. E.g., Roebuck v. McDade, 760 So.2d 12(¶ 9) (Miss.Ct.App.1999). Nevertheless, [503]*503summary judgment is appropriate in those instances where it can be demonstrated satisfactorily that there is no dispute concerning any material fact pertaining to the case and that the moving party is entitled to judgment as a matter of law. M.R.C.P. 56(c); Williamson ex rel. Williamson v. Keith, 786 So.2d 390(¶ 10) (Miss.2001).

¶ 6. Jones Act cases have their basis in federal legislation appearing in 46 U.S.C. § 688 but may be brought in state courts. King v. Grand Casinos of Miss., 697 So.2d 439(¶ 12) (Miss.1997). However, though the action may be maintained in the state courts, the Mississippi Supreme Court has noted that “state courts are required to apply the substantive federal law” as to such cases. Id. Even more directly, in that same case, the supreme court found that “a Fifth Circuit Court of Appeals decision on point” would be considered to be “controlling with regard to the ... issue of federal law.” Id. at (¶ 4).

¶ 7. With that background in mind, we turn to the specific issue before us as to whether, at the time of his injury, McAr-thur could arguably be classified as a seaman within the meaning of the Jones Act.

III.

Jones Act Seaman Status

¶8. “Thé key to seaman status is employment-related connection to a vessel in navigation.” McDermott Int’l, Inc. v. Wilander, 498 U.S. 337, 355, 111 S.Ct. 807, 112 L.Ed.2d 866 (1991) (emphasis added). There is substantial authority for the proposition that whether a particular individual is a seaman for purposes of the Jones Act is a mixed question of law and fact that, in only the rarest of cases, ought to be decided by the court rather than the jury sitting as finders of fact. Daniel v. Ergon, Inc., 892 F.2d 403, 407 (5th Cir.1990); Coulter v. Texaco, Inc., 714 F.2d 467, 468 (5th Cir.1983).

¶9. Despite these generally-applicable pronouncements, there has been a substantial amount of litigation over whether certain floating structures serving some purpose in the maritime service fail, as a matter of law, to qualify as a “vessel in navigation” for purposes of the Jones Act. This is a matter of critical concern since the test of who qualifies as a seaman involves not only the nature of the duties being carried out by the individual but necessarily includes the requirement that those duties be undertaken in connection with a vessel in navigation. Thus, it is entirely possible that one of two individuals involved in maritime-related activities and routinely performing essentially the same tasks could qualify as a seaman while the other did not based solely on the question of whether the individual in question was sufficiently associated with a vessel in navigation.

¶ 10. Out of that litigation, the Fifth Circuit has developed what appears to be a bright-line test for certain floating rigs that simply, as a matter of law, fail to qualify as a vessel in navigation. The contention by Ingalls before the trial court, which is now reasserted on appeal, is that the floating barge from which McArthur conducted his diving activities meets in all respects the test for “non-vessel” status under the Fifth Circuit decisions, which are binding on this court. The test as developed by the Fifth Circuit was set out succinctly by that court in Bernard v. Binnings Constr. Co. when it said:

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Bluebook (online)
879 So. 2d 500, 2004 Miss. App. LEXIS 252, 2004 WL 614849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcarthur-v-ingalls-shipbuilding-inc-missctapp-2004.