Baker v. Ocean Systems
United States Court of Appeals for the Fifth Circuit
454 F.2d 379 (1972)
Facts
Thomas Baker (plaintiff) worked on a barge owned and operated by Ocean Systems, Inc. (defendant). Baker worked as part of a crew on a diving project. Ocean Systems paid Baker until the date the project was completed. After that date, Baker had the option to report for more work at Ocean System’s on-shore shop, but he was not obligated to do so. Baker also told Ocean Systems that he would be on call to report without notice for any work on a vessel that could arise after the project was completed. However, Baker was not under a binding obligation to report in the event that he was called. The day after completion of the diving project, Baker suffered injuries from an unprovoked attack. Baker sued Ocean Systems for maintenance and cure. The district court ruled in favor of Ocean Systems, finding that Baker was not in the service of his vessel when he was injured. Baker appealed.
Rule of Law
Issue
Holding and Reasoning (Ainsworth, J.)
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