Stewart Stumbaugh v American Commercial Lines LLC
The plaintiff, Stewart Stumbaugh, filed suit against the defendant, American Commercial Lines LLC ("ACL").
Stumbaugh was injured during a ten-day deckhand training session at the defendant's Illinois facility. The first six days of the training occurred on land. The seventh day was "fleet awareness" day, when ACL took trainees out to show them different types of barges and familiarize them with the barges' components.
On the eighth day, ACL trained Stumbaugh to tighten winches on an unmanned barge. While tightening his first winch, Stumbaugh fell. He was taken ashore to receive medical attention and returned for two more days of classroom training. After the training, Stumbaugh did not return to work for ACL.
Stumbaugh filed a Seaman's Complaint for Damages, alleging claims under the Jones Act and general maritime law. ACL moved for summary judgment on Stumbaugh's claims for Jones Act negligence, maintenance and cure, and unseaworthiness.
(1) Whether the Court will find Stumbaugh was a seaman under the Jones Act, and able to pursue his (a) Jones Act negligence claim; (b) maintenance and cure; and/or (c) unseaworthiness claim.
The Court looked at Chandris, Inc. v Latis (515 U.S. 347 (1995)) to determine if Stumbaugh qualified as a seaman. First, Stumbaugh must show: (1) that his duties contributed to the function of a navigable vessel or the accomplishment of its mission; and (2) a connection to a vessel in navigation that was substantial in terms of both its duration and its nature.
This Court found numerous problems with Stumbaugh's claim he was a seaman. First, he stated he was not an employee of ACL, as he had not worked for ACL after the training session. However, as this Court noted, Stumbaugh cannot claim to be a seaman with ACL if he was not employed by ACL.
There was also no evidence for a jury to find that Stumbaugh was a seaman. He spent only two days and no more than ten-to-twenty percent of his time on vessels during his 10-day training session. This brief amount of time was insufficient to create a substantial connection to any vessel.
Therefore, ACL's motion for summary judgment on seaman status was granted.
Stumbaugh cannot recover for Jones Act negligence, maintenance and cure, or unseaworthiness if he is not a seaman. Seaman status is ordinarily left for the jury to decide. However, summary judgment is appropriate when there is no evidence that the injured person is a seaman.
Steve Gordon
http://www.offshoreinjuries.com
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