Plaintiffs Cannot Be Seamen When Not Sail in Navigable Waters

Monday, August 12, 2002
In Solomon v. Blue Chip Casino, Inc., 2002 WL 1763935 (Ind.App. July 31, 2002), the court found the casino boat worker plaintiffs (a slot representative and a table games specialist) could not pursue Jones Act seaman claims against the vessel owner when the section of Trail Creek upon which the casino boat is moored in not "navigable in fact." The boat was situated in a "small, man-made, rectangular area of water that was dug out of dry land connected to Trail Creek by a narrow and shallow opening." The court found that while shallower draft recreational vessels may be able to, a commercial vessel such as the casino boat could not transit this two and a half feet deep section of Trail Creek out to Lake Michigan. The court also found that even though the Coast Guard had regulatory jurisdiction over the casino boat, since the Coast Guard's jurisdictional regulation was worded in broader terms than the "navigable in fact" requirement for admiralty jurisdiction, this was not sufficient to establish admiralty jurisdiction, and thus the plaintiffs could not be Jones Act seamen. Finally, the court held that the Indiana gaming statute's definition of navigable waters was also different than the more restrictive definition controlling admiralty jurisdiction. Source: Marine Legal Update
Maritime Reporter October 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds


NYK Joanna Rescues Fishermen off Philippines Coast

On October 3, NYK Joanna, a containership operated by NYK, rescued seven fishermen in distress off the coast of the Philippines. While the NYK vessel was sailing on October 3 from Vungtau,

Noreco CEO Quits

Norwegian Energy Company ASA (Noreco) announces that Tommy Sundt is stepping down as CEO of Noreco ASA. Since joining Noreco in September 2014, Tommy Sundt

BSM Completes Global Management Program

Bibby Ship Management has successfully completed its second Global Management Programme which, it says, has helped to develop the management skills of all its

Maritime Careers / Shipboard Positions Navigation Offshore Oil Pipelines Pod Propulsion Port Authority Salvage Ship Electronics Ship Repair Shipbuilding / Vessel Construction
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: 0.1231 sec (8 req/sec)