Mcdermott International, Inc. v. Wilander

498 U.S. 337 (1991)

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Nature of the Case

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Facts

P worked for D as a paint foreman. His duties consisted of supervising the sandblasting and painting of various fixtures and piping located on oil drilling platforms in the Persian Gulf. While inspecting a pipe a bolt serving as a plug in the pipe blew out under pressure, striking P in the head. At the time, P was assigned to the American-flag vessel M/V Gates Tide, a 'paint boat' chartered to D that contained equipment used in sandblasting and painting the platforms. P sued D seeking recovery under the Jones Act for McDermott's negligence related to the accident. D claimed that D was not a 'seaman' under the Jones Act, and therefore not entitled to recovery. The District Court denied D's motion for summary judgment. The jury found that P was either permanently assigned to, or performed a substantial amount of work aboard, the Gates Tide, and that the performance of his duties contributed to the function of the Gates Tide or to the accomplishment of its mission, thereby satisfying the test for seaman status. The District Court denied D's motion for judgment based on the jury's findings. The jury awarded Wilander $337,500. The District Court denied D's motion for judgment notwithstanding the verdict. Both parties appealed. The Court of Appeals affirmed the determination of seaman status, finding sufficient evidence to support the jury's finding. D asked the court to reject the Robison requirement that a seaman 'contribute to the function of the vessel or the accomplishment of its mission,' in favor of the more stringent requirement of Johnson v. John F. Beasley Construction requiring that a seaman aid in the navigation of a vessel by making 'a significant contribution to the maintenance, operation, or welfare of the transportation function of the vessel.' The court affirmed and D appealed.