Stewart v. Dutra
Stewart was injured while working as a marine engineer who maintained a dredge for the Dutra Construction Company. Stewart sought personal injury damages from Dutra under the Jones Act, 46 U.S.C. ยง 688 (a), which allows “any seaman who shall suffer personal injury in the course of his employment” to sue the employer for negligence. The district court granted summary judgment for Dutra. The First Circuit Court of Appeals affirmed, holding that its definition of “vessel” in DiGiovanni v. Traylor Bros excluded the dredge from the category of vessel. In DiGiovanni, the en banc First Circuit held that when a “float’s purpose or primary business is not navigation or commerce,” then workers assigned to the float will not be considered Jones Act seamen unless the “float” is in actual navigation or transit when the injury occurs.
Question Presented:
To qualify for “seaman” status under the Jones Act, a worker must have an “employment-related connection to a vessel in
navigation.” Chandris, Inc. v. Latsis, 515 U.S. 347 (1995). What is the legal standard for determining whether a special purpose watercraft (such as a dredge) is a Jones
Act “vessel”?
