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Admiralty – ‘Seaman’ – Yacht Master – ‘Substantial Duration’
By: Teresa Bruno, Opinions Editor//May 22, 2017
Admiralty – ‘Seaman’ – Yacht Master – ‘Substantial Duration’
By: Teresa Bruno, Opinions Editor//May 22, 2017
Hicks v. Shelton (Lawyers Weekly No. 002-134-17, 6 pp.) (David Norton, J.) 9:16-cv-03839; D.S.C.
Holding: Where plaintiff alleges that he captained defendants’ yacht on moves to Charleston and Savannah and arranged for vessel repairs and other necessities, he has sufficiently alleged that his duties “contribute to the function of the vessel,” under Chandris, Inc. v. Latsis, 515 U.S. 347 (1995). Where plaintiff alleges that he was employed by defendants for more than 18 months and that at the time of his accident (a seven-foot fall onto a concrete dock) he was employed as master of the yacht and lived aboard it, plaintiff has sufficiently alleged that he had “a connection to a vessel in navigation … that is substantial in terms of both its duration and its nature.” Chandris. Therefore, plaintiff has sufficiently alleged that he qualifies for seaman status under the Jones Act.
The court denies defendants’ motion to dismiss.
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