Ebanks v. Reserve Marine Enterprises, Inc.
| Decision Date | 15 October 1993 |
| Docket Number | No. 93-C-1707,93-C-1707 |
| Citation | 625 So.2d 1050 |
| Parties | Davis EBANKS, Jr. and Lisa Ebanks v. RESERVE MARINE ENTERPRISES, INC., et al. |
| Court | Louisiana Supreme Court |
Prior report: La.App., 620 So.2d 355.
In re: Ebanks, Davis; Ebanks, Lisa;--Plaintiff(s); applying for writ of certiorari and/or review; to the Court of Appeal, Fifth Circuit, No. 93-CA-0154; Parish of St. John Baptist, 40th Judicial District Court, Div. "B", No. 28,178.
Writ granted. The factual question of whether a floating structure is a vessel is to be decided by the trier of fact. Southwest Marine, Inc. v. Gizoni, 502 U.S. ----, 112 S.Ct. 486, 116 L.Ed.2d 405 (1991); Ducote v. V. Keeler & Co., Inc., 953 F.2d 1000 (5th Cir.1992); Orgeron v. Avondale Shipyards, Inc., 561 So.2d 38 (La.1990). Since "even marginal claims are properly left for jury determination" ( Ducote, 953 F.2d at 1002), the trial court erred in holding that this crane barge was not a vessel as a matter of law. The summary judgment is reversed and the case remanded for trial on the merits.
REVERSED AND REMANDED.
LEMMON, J., would grant and docket the case.
DENNIS, J., not on panel.
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Bell v. Dunn
...to be decided by the trier of fact and even marginal claims are to be left for the jury. Ebanks v. Reserve Marine Enterprises, Inc., 625 So.2d 1050 (La.1993). Even if the platform/pontoon was not a vessel itself, a reasonable fact finder could conclude that it was at least an accessory of t......
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