Stewart v. Dutra Construction Company:

In 1993 Willard Stewart, a marine engineer with the Dutra Construction Company, was seriously injured while replacing an engine on the “Super Scoop.” The dredging scoop had been operating in Boston Harbor as part of the Big Dig project. Stewart obtained legal counsel and sued Dutra stating that the incident was due to negligence as outlined in the Jones Act. Dutra maintained that the scoop was not a sea-going vessel but a work platform, and therefore not covered by the Jones Act. The district court ruled in Dutra’s favor, and the matter was appealed to the First Circuit Court.

The First Circuit upheld the decision, stating that “if a barge, or other float's purpose or primary business is not navigation or commerce, then workers assigned thereto for its shore enterprise are to be considered seamen only when it is in actual navigation or transit.” In effect, this meant that because the Super Scoop’s primary function was to act as a fixed barge – basically an extension of the land – it could not be considered a vessel under the Act. Had the barge been moving at the time, or “in navigation,” its decision may have been different.

When the argument went to the Supreme Court, it disagreed with the First Circuit’s findings. Most notably, it stated that the First Circuit erred in ruling that the barge was not a vessel simply because moving on water was not its primary function. Quoting directly from the Act: “The word ‘vessel’ includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.” Therefore, the Supreme Court noted: “It does not require that a watercraft be used primarily for that purpose.”

However the Supreme Court also noted that just because a barge is on the water, it does not mean that the workers onboard fall under the heading of “seaman” as loosely defined by the Jones Act. “Thus, even though the Super Scoop is a ‘vessel,’ workers injured aboard the Super Scoop are eligible for seaman status only if they are ‘masters or members’ of its crew.” In other words, workers must be directly responsible for the movement and operation of the vessel itself to be considered seaman, not involved only with dredging or other types of operations performed from the vessel.

If you have been injured while working in the shipping industry in any capacity, you may be eligible for certain compensations under the Jones Act. Don’t decide for yourself what your rights are, contact a Jim S. Adler & Associates personal injury attorney. We’ll help you navigate the difficult legal issues that may be surrounding your case, and offer advice for your next legal move. Contact us today for your free case review by clicking the link on this page.

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