ABSHIRE v. SEACOAST PRODUCTS, INC.

No. 80-3941.

668 F.2d 832 (1982)

Nelson ABSHIRE, Plaintiff-Appellee, v. SEACOAST PRODUCTS, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 26, 1982.


Attorney(s) appearing for the Case

Robert W. Clements, Lake Charles, La., Frank J. Peragine, Daniel J. Caruso, New Orleans, La., for defendant-appellant.

Cornelius Dupre, II, Robert K. Guillory, Eunice, La., for Abshire.

Before WISDOM, SAM D. JOHNSON and WILLIAMS, Circuit Judges.


WISDOM, Circuit Judge:

Again this court must determine a question of seaman status under the Jones Act. We hold that there is sufficient evidence for this case to go to the jury to determine whether the plaintiff, a welder attached to a fleet of vessels, injured while replacing an engine, qualifies as a seaman under the Jones Act. Additionally, on the threshold procedural issue, we hold that the trial judge acted within his discretion in reconsidering an earlier summary...

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