Jones Act lawsuit dismissed because accident did not occur on a "vessel"

A federal court denied the slip and fall claim of an insulation installer, stating that the amphibious transport dock he was working on did not fall under maritime law.

George Casas, Texas resident, alleged negligence against defendants Joiner and Northrup Grumman, his employers, after being injured while installing the insulation beneath an unfinished floor suspended 12 to 18 inches above the bottom.

Citing employer negligence, Casas claimed he slipped, fell and herniated numerous disks in his back while traversing raised metal beams on the dock under construction in the Northrup Shipyard.

The U.S. Southern District of Mississippi court denied his claim, ruling that the barge he worked on was not a vessel, and that the case was ineligible under maritime law.

The plaintiff also failed on the grounds of suing the wrong party.

The court ruled that sub-contractor Land Coast, his direct employer, did in fact have prior knowledge of dangerous working conditions. However, Land Coast was not a party in this case and Casas failed to prove that Joiner, the contractor, did have prior knowledge. Casas also did not demonstrate that Joiner had a duty to cover the scaffold with plywood.

The lawsuit was initially filed in Hidalgo County, Texas, moved to Southern District of Texas and re-filed in the Mississippi court after being dismissed for lack of personal jurisdiction.