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SINCLAIR v. SONIFORM, INC.

Nos. 90-1905, 90-1906.

935 F.2d 599 (1991)

Terry Lee SINCLAIR v. Soniform, Inc., Harsco Corporation; Sherwood Company Division; Hill-Loma, Inc., d/b/a Hill Acme Company; Ray Murray, Inc.; William G. Fryling, individually and d/b/a Blue Water Divers; David S. Madden, Jr.; Glen Hicks, Soniform, Inc., Harsco Corporation, Sherwood Company Division, and Ray Murray, Inc., Appellants No. 90-1905. Terry Lee SINCLAIR v. SONIFORM, INC.; Harsco Corporation; Sherwood Company Division; Hill-Loma, Inc., d/b/a Hill Acme Company; Ray Murray, Inc.; William G. Fryling, individually and d/b/a Blue Water Divers; David S. Madden, Jr.; Glen Hicks, Glen Hicks, Appellant No. 90-1906.

United States Court of Appeals, Third Circuit.

Decided June 6, 1991.

Attorney(s) appearing for the Case

Edward B. Joseph (argued), Goldfein & Joseph, Philadelphia, Pa., for appellants in No. 90-1905, Soniform, Inc., Harsco Corp., Sherwood Corp. Div. and Ray Murray, Inc.

Lawrence D. Wright (argued), Rawle & Henderson, Philadelphia, Pa., for appellant in No. 90-1906, Glen Hicks.

Richard L. Kremnick (argued), Blank, Rome, Comisky & McCauley, Philadelphia, Pa., for appellee Terry Lee Sinclair.

William G. Fryling, pro se.

David S. Madden, Jr., pro se.

Before SLOVITER, Chief Judge, COWEN and GARTH, Circuit Judges.

OPINION OF THE COURT

COWEN, Circuit Judge.

The issue before us is whether an action arising from injuries sustained during a scuba diving excursion in navigable waters falls within federal admiralty jurisdiction. Plaintiff Terry Lee Sinclair alleges that he contracted and continues to suffer from the effects of decompression sickness due to a defect in the buoyancy compensator vest he wore while diving, as well as the failure by the crew of the vessel that...

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