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Morehead v. Atkinson-Kiewit, J/V

United States Court of Appeals for the First Circuit
97 F.3d 603 (1996)

Written by Daniel Clark, JD

Facts

Atkinson-Kiewit, J/V (A-K) (defendant) was a joint venture formed to construct a bridge over the Narragansett Bay. To aid in the construction, A-K chartered barges and tugboats to transport materials around the bay to various worksites. Union rules prevented A-K from having the tugs’ crews tie and untie the lines connecting the barges. As a workaround, A-K had its own carpenters work the lines. Mark Morehead (plaintiff) was a carpenter employed by A-K on the project. Morehead and another A-K-employed carpenter were tasked with untying two barges from each other. While attempting to catch a line thrown by his companion, Morehead fell into a hidden open hatch on the deck of one of the barges and suffered injuries. Morehead filed several claims against A-K but agreed to withdraw all but a negligence action pursuant to § 905(b) of the Longshoremen’s and Harbor Workers’ Compensation Act. The district court dismissed Morehead’s claim for negligence. A panel of judges on the court of appeals affirmed. However, a separate panel of the court of appeals issued a legally irreconcilable decision on the same day in a different case based on similar facts. The full court of appeals vacated both opinions and reheard Morehead’s case en banc to arrive at a clear legal rule.

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Holding and Reasoning (Campbell, J.)

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Dissent (Cyr, J.)

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