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TONNESEN v. YONKERS CONTRACTING CO., INC.

No. 581, Docket 95-7439.

82 F.3d 30 (1996)

David TONNESEN, Plaintiff-Appellant, v. YONKERS CONTRACTING COMPANY, INC. and Weeks Marine Inc., a Joint Venture, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 19, 1996.

Attorney(s) appearing for the Case

Paul C. Matthews (Barbara Matthews, of counsel), New York City, for Plaintiff-Appellant.

James McMahon, Bingham Englar Jones & Houston (Joseph P. Finnegan, Bingham Englar Jones & Houston, of counsel), New York City, for Defendants-Appellees.

Before: McLAUGHLIN, LEVAL, Circuit Judges, and PARKER, District Judge.

PARKER, District Judge:

The issue presented on this appeal is when is a barge that is used as a work platform not a "vessel in navigation" as a matter of law. David Tonnesen sued under the Jones Act, 46 U.S.C.App. § 688 et seq., and the Longshore and Harborworkers Compensation Act, 33 U.S.C. § 901 et seq. ("LHWCA") for injuries sustained while working on a stationary barge, the Weeks 276. The district court granted summary judgment to Yonkers...

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