Moored Cleaning Barge is Vessel for Purposes of Jones Act

Thursday, August 25, 2005
Over a vigorous dissent, the U.S. Court of Appeals for the Eighth Circuit ruled that a moored cleaning barge is a vessel for purposes of the Jones Act. In the instant case, plaintiff barge cleaner was injured while being ferried from shore to his work site on a moored cleaning barge. The barge was secured in position in the Missouri River by spud poles embedded in the river bottom. The barge was relocated on occasion by being towed. The trial court held, on a summary judgment motion, that the barge was not a vessel in navigation and, thus, plaintiff was not a seaman for purposes of the Jones Act. The appellate court, relying on a recent Supreme Court decision, ruled that “in navigation” was not a requirement for seaman status under the Jones Act. The relevant issue is whether the vessel is practically capable of maritime transportation. The dissent contended that the issue should be remanded to the trial court for a factual determination. Bunch v. Canton Marine Towing Co., Inc., No. 04-1292 (8th Cir., August 23, 2005). Source: HK Law

Maritime Today


The Maritime Industry's original and most viewed E-News Service

Maritime Reporter May 2016 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Barges

HUMMEL LNG Hybrid Barge Begins Second Season

For over one year the HUMMEL has been contributing to improved air quality at the port of Hamburg. Becker Marine Systems’ LNG Hybrid Barge will also be supplying

The MN 100: Apply Now

The August 2016 edition of MarineNews, the leading voice in the North American workboat market, will feature 100 leaders and innovators, including workboat owners and operators,

Bouchard: New Logo and Website

Bouchard Transportation Co., Inc., an independently-owned oceangoing petroleum barge company, has introduced a new corporate logo and announced plans to launch

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Standards Naval Architecture Pipelines Port Authority Salvage Ship Electronics Shipbuilding / Vessel Construction Winch
rss | archive | history | articles | privacy | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.0650 sec (15 req/sec)