GIZONI v. SOUTHWEST MARINE INC.

No. 93-56715.

56 F.3d 1138 (1995)

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

United States Court of Appeals, Ninth Circuit.

Decided June 7, 1995.


Attorney(s) appearing for the Case

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

Gregory A. Post, Post, Kirby, Noonan & Sweat, San Diego, CA, for defendant-appellee.

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


CANBY, Circuit Judge.

Byron Gizoni appeals after a jury trial in which the jury found that he was not a "seaman" under the Jones Act, 46 App. U.S.C. § 688. Gizoni argues that the trial court erred in instructing the jury on the definition of "seaman." We have jurisdiction pursuant to 28 U.S.C. § 1291. We reverse and remand.

I

FACTS

Byron Gizoni worked for Southwest Marine as a shore-based rigger and riggingforeman. He was allegedly...

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