(Download) "Ardoin v. Mcdermott" by Fifth Circuit. Unit A United States Court of Appeals * eBook PDF Kindle ePub Free

eBook details

Title: Ardoin v. Mcdermott
Author : Fifth Circuit. Unit A United States Court of Appeals
Release Date : January 30, 1981
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 60 KB

Description

Michael James Ardoin sued his employer, J. Ray McDermott, Inc., under the Jones Act, 46 U.S.C. Â§ 688 (1976), seeking to recover damages for injuries he allegedly suffered while attempting to lift a padeye used in the salvage of an offshore drilling platform. Following relatively extensive discovery, the parties filed cross motions for summary judgment on the issue of seamans status. The parties agreed that the facts necessary to determine the question whether Ardoin was a Jones Act seaman were essentially undisputed and suggested that the issue presented by their motions was a legal one. Following a brief hearing on the motions, the court granted summary judgment for McDermott on the ground that Ardoin was not a seaman. On appeal, Ardoin argues first, that the court should have granted his summary judgment motion, not McDermotts, and, second, that in any event, McDermotts motion should have been denied and the issue of seamans status submitted to the jury.