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NUNEZ v. B & B DREDGING, INC.

No. 00-30993.

288 F.3d 271 (2002)

Milfred J. NUNEZ, Plaintiff-Appellee-Cross-Appellant, v. B & B DREDGING, INC., et al., Defendants, Clarendon America Insurance Company, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 21, 2002.

Attorney(s) appearing for the Case

Pete Lewis (argued), Barrett Black, Lewis & Caplan, New Orleans, LA, for Charlotte and Milfred J. Nunez.

Patrick J. McShane (argued), Frilot, Partridge, Kohnke & Clements, New Orleans, LA, for Clarendon America Ins. Co.

Before GARWOOD, JOLLY and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

The question in this case is whether a land-based employee who is permanently assigned to work in the service of a vessel but who spends only 10% of his time working aboard the vessel may enjoy seaman status. We hold that such an employee is not a seaman.

I.

Milfred J. Nunez was employed by B&B Dredging, Inc. (B&B) for two years. During the last 18 months of his employment...

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