Note by Russell Keith Jarrett
The plaintiff, a member of the seismic crew on the oceanographic research vessel M/V Carribean Seal, was injured on board ship while in the course of his employment. In a suit against his employer (the vessel's time-charterer) and the vessel owner, the plaintiff alleged he was a seaman, sought relief under the Jones Act, and asserted an unseaworthiness claim under general maritime law. The defendant employer opposed the action, arguing that the plaintiff's shipboard billet fell within the category of “scientific personnel on an oceanographic research vessel,” as defined within the Oceanographic Research Vessels Act (ORVA), and contending that the plaintiff thus was precluded from maintaining a cause of action under the Jones Act or general maritime law. Section 4 of the ORVA states that scientific personnel on board oceanographic research vessels are not to be considered “seamen” for purposes of the provisions of Title 53 of the Revised Statutes or any act which supplements or amends Title 53. The district court held that in enacting section 4 of the ORVA Congress did not intend to exclude scientific personnel on board oceanographic research vessels from statutory remedies based on negligence—such as the Jones Act. Therefore, the court stated that if these persons otherwise meet the requisite indicia of seaman status, the ORVA does not prevent assertion of their remedies under the Jones Act or general maritime law. The Fifth Circuit, partially reversing, held that although the plaintiff could maintain an action for unseaworthiness under general maritime law, section 4 of the ORVA precluded his action under the Jones Act because the Jones Act amended or supplemented Title 53 of the Revised Statutes. Presley v. M/V Carribean Seal, 709 F.2d 406 (5th Cir. 1983), cert. denied, 104 S. Ct. 699 (1984).
About the Author
Russell Keith Jarrett.
Citation
58 Tul. L. Rev. 1499 (1984)