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LORMAND v. SUPERIOR OIL CO.

No. 85-4278.

845 F.2d 536 (1987)

John LORMAND, Plaintiff-Appellant, Cross-Appellee, v. The SUPERIOR OIL COMPANY, Defendant-Appellee, Cross-Appellee. and ARIES MARINE CORPORATION, Defendant-Appellee, Cross-Appellee, Cross-Claimant-Appellant, v. INTERNATIONAL MOORING & MARINE, et al., Defendants-Appellees, Cross-Appellants, and Defendants in Cross-Claim-Appellees.

United States Court of Appeals, Fifth Circuit.

June 5, 1987.

Attorney(s) appearing for the Case

Robert R. McBride, McBride, Foret, Rozas & Leonard, Lafayette, La., for plaintiff-appellant, cross-appellee.

John A. Bivins, Lafayette, La., for Fidelity & Cas. Ins. Co. of New York.

Henry S. Provosty, David L. Carrigee, Atty., New Orleans, La., for Aries Marine.

William H. Syll, Jr., Dan A. Spencer, Roxanne Armstrong, Houston, Tex., Donald R. Abaunza, Don K. Haycraft, New Orleans, La., for Superior Oil.

John A. Bivins, Lafayette, La., for International Mooring.

Before BROWN, RUBIN, and GARWOOD, Circuit Judges.

GARWOOD, Circuit Judge:

Plaintiff-appellant John Lormand (Lormand), injured his back while working as a welder on jack-up vessel RAM-V, which was located in the Gulf of Mexico off the coast of Louisiana. His injuries allegedly occurred when the vessel's gangway, on which he stood, fell. Based on its determination that Lormand was not a seaman and, therefore, was ineligible to recover under the Jones Act, 46 U.S.C. § 688, the district court granted summary judgment...

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