Roth v. U.S.S. Great Lakes Fleet, Inc., No. 93-2911

CourtUnited States Courts of Appeals. United States Court of Appeals (8th Circuit)
Writing for the CourtBefore MAGILL, Circuit Judge, JOHN R. GIBSON; BOGUE
Citation25 F.3d 707
PartiesJames L. ROTH, Plaintiff-Appellant, v. U.S.S. GREAT LAKES FLEET, INC., a Delaware corporation, Defendant-Appellee.
Docket NumberNo. 93-2911
Decision Date07 June 1994

Page 707

25 F.3d 707
1994 A.M.C. 2995
James L. ROTH, Plaintiff-Appellant,
v.
U.S.S. GREAT LAKES FLEET, INC., a Delaware corporation,
Defendant-Appellee.
No. 93-2911.
United States Court of Appeals,
Eighth Circuit.
Submitted May 9, 1994.
Decided June 7, 1994.

John Cochrane, St. Paul, MN, argued (John A. Cockrane and Patrick C. Smith, on the brief), for appellant.

Henry Billinsley, Cleveland, OH, argued (Henry E. Billingsley, II and Jeffrey A. Healy, Cleveland, OH, and Vernle Durocher Minneapolis, MN, on the brief), for appellee.

Page 708

Before MAGILL, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and BOGUE, * Senior District Judge.

BOGUE, Senior District Judge.

James L. Roth appeals from the district court's 1 order entering summary judgment in favor of USS Great Lakes Fleet, Inc. (Great Lakes) on this action brought pursuant to the Jones Act, 46 U.S.C.App. Sec. 688. We affirm.

Roth was hired by Great Lakes in January 1990 to assist in the painting and maintenance of ships which were docked for the winter season in Superior, Wisconsin. He was a temporary Port Service Laborer, with no assignment to a specific vessel. He had no expectation that he would ship out when the ships eventually left the dock after the spring thaw.

Roth worked on two ships, both of which were undergoing major upkeep and maintenance at the time. The regular crews of both ships had been discharged for the season. Roth never lived on the ships and was never permanently assigned to either one. He came to work at the shipyard every morning and went back into town every night. During his shift, he was allowed to eat and use restroom facilities on board the ships.

On February 22, 1990, Roth injured an eye while chipping rust off one of the ships in preparation for painting. He was wearing a face shield at the time, which he claims was defective and dangerous.

Initially, Roth filed a claim against Great Lakes for benefits under the Longshore and Harborworkers' Compensation Act, 33 U.S.C. Secs. 901, et seq., which provides a system of compensation for land-based maritime employees who are injured on the job. The parties settled this claim in August 1991, pursuant to an agreement which was approved by the United States Department of Labor.

Next, Roth brought a second action against Great Lakes, this time under the auspices of the Jones Act, 46 U.S.C.App. Sec. 688. The Jones Act allows "any seaman who ... suffer[s] personal injury in the course of his employment" to maintain an action for damages against his employer. Id. Great Lakes moved for summary judgment, asserting that Roth was not a seaman; or alternatively, that the award of benefits under the Longshoreman's Act precluded a second recovery under the Jones Act. The district court agreed with both of defendant's arguments, and granted summary...

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69 practice notes
  • O'BRYAN v. KTIV Television, No. C 93-4089.
    • United States
    • United States District Courts. 4th Circuit. Northern District of West Virginia
    • November 22, 1994
    ...106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986); Munz v. Michael, 28 F.3d 795, 798 (8th Cir.1994); Roth v. U.S.S. Great Lakes Fleet, Inc., 25 F.3d 707, 708 (8th Cir.1994); Cole v. Bone, 993 F.2d 1328, 1331 (8th Cir.1993); Woodsmith Publishing Co. v. Meredith Corp., 904 F.2d 1244, 1247 (8th C......
  • Wahpeton Canvas Co. v. Bremer, No. C 93-4093.
    • United States
    • United States District Courts. 4th Circuit. Northern District of West Virginia
    • May 22, 1995
    ...106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986); Munz v. Michael, 28 F.3d 795, 798 (8th Cir.1994); Roth v. U.S.S. Great Lakes Fleet, Inc., 25 F.3d 707, 708 (8th Cir.1994); Cole v. Bone, 993 F.2d 1328, 1331 (8th Cir.1993); Woodsmith Publishing Co. v. Meredith Corp., 904 F.2d 1244, 1247 (8th C......
  • Utica Mut. Ins. Co. v. Stockdale Agency, No. C 95-4010.
    • United States
    • United States District Courts. 4th Circuit. Northern District of West Virginia
    • July 10, 1995
    ...v. Sears, 49 F.3d 1324, 1325 (8th Cir.1995); Munz v. Michael, 28 F.3d 795, 798 (8th Cir.1994); Roth v. U.S.S. Great Lakes Fleet, Inc., 25 F.3d 707, 708 (8th Cir.1994); Cole v. Bone, 993 F.2d 1328, 1331 (8th Cir.1993); Woodsmith Publishing Co. v. Meredith Corp., 904 F.2d 1244, 1247 (8th Cir.......
  • DePugh v. Smith, No. C 94-4030.
    • United States
    • United States District Courts. 4th Circuit. Northern District of West Virginia
    • March 22, 1995
    ...106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986); Munz v. Michael, 28 F.3d 795, 798 (8th Cir.1994); Roth v. U.S.S. Great Lakes Fleet, Inc., 25 F.3d 707, 708 (8th Cir.1994); Cole v. Bone, 993 F.2d 1328, 1331 (8th Cir.1993); Woodsmith Publishing Co. v. Meredith Corp., 904 F.2d 1244, 1247 (8th C......
  • Request a trial to view additional results
69 cases
  • O'BRYAN v. KTIV Television, No. C 93-4089.
    • United States
    • United States District Courts. 4th Circuit. Northern District of West Virginia
    • November 22, 1994
    ...106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986); Munz v. Michael, 28 F.3d 795, 798 (8th Cir.1994); Roth v. U.S.S. Great Lakes Fleet, Inc., 25 F.3d 707, 708 (8th Cir.1994); Cole v. Bone, 993 F.2d 1328, 1331 (8th Cir.1993); Woodsmith Publishing Co. v. Meredith Corp., 904 F.2d 1244, 1247 (8th C......
  • Wahpeton Canvas Co. v. Bremer, No. C 93-4093.
    • United States
    • United States District Courts. 4th Circuit. Northern District of West Virginia
    • May 22, 1995
    ...106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986); Munz v. Michael, 28 F.3d 795, 798 (8th Cir.1994); Roth v. U.S.S. Great Lakes Fleet, Inc., 25 F.3d 707, 708 (8th Cir.1994); Cole v. Bone, 993 F.2d 1328, 1331 (8th Cir.1993); Woodsmith Publishing Co. v. Meredith Corp., 904 F.2d 1244, 1247 (8th C......
  • Utica Mut. Ins. Co. v. Stockdale Agency, No. C 95-4010.
    • United States
    • United States District Courts. 4th Circuit. Northern District of West Virginia
    • July 10, 1995
    ...v. Sears, 49 F.3d 1324, 1325 (8th Cir.1995); Munz v. Michael, 28 F.3d 795, 798 (8th Cir.1994); Roth v. U.S.S. Great Lakes Fleet, Inc., 25 F.3d 707, 708 (8th Cir.1994); Cole v. Bone, 993 F.2d 1328, 1331 (8th Cir.1993); Woodsmith Publishing Co. v. Meredith Corp., 904 F.2d 1244, 1247 (8th Cir.......
  • DePugh v. Smith, No. C 94-4030.
    • United States
    • United States District Courts. 4th Circuit. Northern District of West Virginia
    • March 22, 1995
    ...106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986); Munz v. Michael, 28 F.3d 795, 798 (8th Cir.1994); Roth v. U.S.S. Great Lakes Fleet, Inc., 25 F.3d 707, 708 (8th Cir.1994); Cole v. Bone, 993 F.2d 1328, 1331 (8th Cir.1993); Woodsmith Publishing Co. v. Meredith Corp., 904 F.2d 1244, 1247 (8th C......
  • Request a trial to view additional results

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