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GIZONI v. SOUTHWEST MARINE INC.

No. 88-6666.

909 F.2d 385 (1990)

Byron GIZONI, Plaintiff-Appellant, v. SOUTHWEST MARINE, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 24, 1990.

Attorney(s) appearing for the Case

Preston Easley, San Pedro, Cal., for plaintiff-appellant.

James McMullen, Littler, Mendelson, Fastiff & Tichy, San Diego, Cal., for defendant-appellee.

Before CANBY and LEAVY, Circuit Judges, and PRICE, District Judge.

CANBY, Circuit Judge:

Appellant Byron Gizoni appeals the district court's ruling on summary judgment that as a matter of law he is not a "seaman" under the Jones Act, 46 U.S.C.App. § 688, but a harbor worker precluded from recovering under the Jones Act by the exclusive remedy provision of the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq. ("LHWCA"). We reverse and remand.

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