Volyrakis v. M/V Isabelle

668 F.2d 863 (1982)

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Volyrakis v. M/V Isabelle

United States Court of Appeals for the Fifth Circuit
668 F.2d 863 (1982)

Facts

Manolis Volyrakis (plaintiff) was injured while working as a member of the crew of the MV Isabelle (defendant). The Isabelle was owned by Cosmar Compania Naviera, S.A. (Cosmar) (defendant). Cosmar also hired Celestial Maritime Corporation (Celestial) (defendant) to serve as an agent for certain aspects of operating the Isabelle. Celestial’s duties were generally limited to assisting with negotiations concerning cargoes and employment periods. Celestial had no power over the hiring or firing of the Isabelle’s crew and no decision-making power over operations. Volyrakis filed claims to recover for his injuries under the Jones Act not only against Cosmar but also against Celestial. Volyrakis argued that he was in an employer-employee relationship with both companies. The district court granted summary judgment in favor of Celestial, and Volyrakis appealed.

Rule of Law

Issue

Holding and Reasoning (Politz, J.)

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