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SCHEURING v. TRAYLOR BROS., INC.

No. 04-56844.

476 F.3d 781 (2007)

Kevin SCHEURING, Plaintiff-Appellant, v. TRAYLOR BROTHERS, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 14, 2007.

Attorney(s) appearing for the Case

John R. Hillsman, McGuinn, Hillsman & Palefsky, San Francisco, CA, and David W. Robertson, Austin, TX, for the plaintiff-appellant.

Mitchell S. Griffin and Richard C. Wootton, Cox, Wootton, Griffin, Hansen & Poulos, LLP, San Francisco, CA, for the defendant-appellee.

Before RICHARD D. CUDAHY, BETTY B. FLETCHER, and SUSAN P. GRABER, Circuit Judges.

CUDAHY, Circuit Judge.

Plaintiff Kevin Scheuring appeals an adverse grant of summary judgment. Scheuring claims that he is a "seaman" entitled to consideration under the Jones Act, 46 U.S.C. app. § 688(a). In the alternative, he argues that he is entitled to sue the vessel owner in tort under the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. §§ 901 et seq. The district court determined that he was not a "seaman" because the...

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