SCHMIDT v. BLACKHAWK FLEET, INC.

No. 98-390.

601 N.W.2d 91 (1999)

Louis H. SCHMIDT, Appellant, v. BLACKHAWK FLEET, INC., Appellee.

Supreme Court of Iowa.

October 13, 1999.


Attorney(s) appearing for the Case

Leonard P. Cervantes of Cervantes & Associates, St. Louis, Missouri, and Earl A. Payson, Davenport, for appellant.

Robert Nienhuis of Goldstein & Price L.C., St. Louis, Missouri, and Charles W. Brooke of Brooke & O'Brien, P.L.C., Davenport, for appellee.

Considered by CARTER, P.J., and LAVORATO, SNELL, CADY, and SCHULTZ, JJ.


CARTER, Justice.

Plaintiff, Louis H. Schmidt, who had been employed by the defendant, Blackhawk Fleet, Inc. (Blackhawk), to clean barges intended for hauling cargo on the Mississippi River, appeals from an adverse summary judgment denying his alleged "seaman" status required to maintain this personal injury action under the Jones Act, 46 U.S.C. § 688. After reviewing the summary-judgment motion papers most favorably toward Schmidt, the district court concluded...

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