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Wixom v. Boland Marine and Manufacturing Co.

614 F.2d 956 (1980)

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Wixom v. Boland Marine and Manufacturing Co.

United States Court of Appeals for the Fifth Circuit
614 F.2d 956 (1980)

Facts

Boland Marine and Manufacturing Company, Inc. (Boland) (defendant) took custody of the U.S.S. King from the United States Navy for approximately three years. Boland performed extensive structural changes and repairs to the vessel. The ship’s captain and crew were not aboard the vessel during this time. Additionally, the ship’s engine and propellers were inoperable for a portion of the time during which the ship was being repaired. Floyd Wixom (plaintiff) was an employee of Boland who worked on the repairs. While working on the vessel, Wixom fell from a scaffold onto the deck and suffered serious injury. Wixom sued Boland in district court under the Jones Act. Boland filed a motion for summary judgment, claiming that the U.S.S. King was not in navigation at the time of Wixom’s injury and that the Jones Act, accordingly, did not apply. The district court granted the motion, and Wixom appealed.

Rule of Law

Issue

Holding and Reasoning (Godbold, J.)

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