Vincent v. Harvey Well Service

441 F.2d 146 (5th Cir. 1971)

Facts

P worked as a derrick-hand in the drilling crew of an inland water submersible drilling barge which is moved by a tug. The crew worked twelve hour on, twenty-four hour off tours and did not sleep aboard the platform. D provided a car to transport employees from a service station about 60 miles from the rig. The driver worked aboard Rig #2 but was also to drive employees to and from the service station. The driver was paid 3 hours per shift extra to compensate him for his driving time. The crew members were not required to travel in D's vehicle, but instead were permitted to supply or obtain their own transportation. They did not receive any travel pay or duty pay while riding in the company car. On November 30, 1967, the car was involved in a wreck. P was injured in the car wreck and sued D under the Jones Act. The court awarded summary judgment to D and P appealed.