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The Texas Ninth District Court of Appeals is considering whether or not a maintenance worker on a boat is technically a seaman and therefore protected under the Jones Act.
Paul Bailey fell from the top deck of a push boat owned by R.L. Eldridge Construction in Sabine Pass. The 2006 fall accident occurred after co-workers had been roughhousing and threw a string of firecrackers at Bailey. The 22-year-old maintenance worker sustained head injuries from his fall.
In 2007, Bailey filed a Jones Act lawsuit against Eldridge in Jefferson County District Court. In response to the lawsuit, Eldridge submitted a motion for summary judgment, making the argument that out of the 62 days Bailey was employed, only 13 were spend aboard a ship of any kind, which would prevent him from pursuing a Jones Act claim.
The Jones Act is a federal law that allows injured seamen to pursue damages from their employers due to negligence caused by the vessel owner, captain or fellow members of the crew. In order to recover under this law, the worker has to prove some negligence or fault and the worker must be classified as a seaman.
In 2008, the judge ordered that the plaintiff take nothing from the defendant. Bailey appealed the ruling and is asking justices to reverse the decision made by Judge Donald Floyd of the 172nd District Court.
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