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BURKS v. AMERICAN RIVER TRANSP. CO.

No. 80-3261.

679 F.2d 69 (1982)

Joseph BURKS, Plaintiff-Appellant, v. AMERICAN RIVER TRANSPORTATION COMPANY, Defendant-Appellee-Appellant, v. ROGERS TERMINAL AND SHIPPING CORP. and Northwestern National Casualty Co., Intervenors-Appellees-Appellants.

United States Court of Appeals, Fifth Circuit. Unit A

June 25, 1982.

Attorney(s) appearing for the Case

Daniel L. Avant, Baton Rouge, La., for plaintiff-appellant.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, John O. Charrier, Jr., New Orleans, La., for American River Transp.

Eugene R. Groves, Thomas K. Kirkpatrick, Baton Rouge, La., for Rogers Terminal and Northwestern Nat. Cas. Co.

Before BROWN, WISDOM and RANDALL, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

This case presents a novel question: Does a longshoreman/seaman retain the right to bring an action based on unseaworthiness against a vessel or her owner despite the proscription in the 1972 Amendments to the Longshoremen's and Harbor Workers' Compensation Act (LHWCA)? We conclude that he does not.

I.

At the time of the injury for which he seeks recovery in this suit, Joseph Burks was an employee of Rogers Terminal...

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