Pavone v. Mississippi Riverboat Amusement (5th Cir. 1995)
Facts: Two cases:
(1) Pavone was a bartender on D’s floating dockside casino that was
moored when he injured his foot; (2) Ketzel was a cocktail waitress at
the same casino and tripped and fell. Both sue under the Jones Act.
Holding:
-Casino was
moored by lines/cables and connected by a ramp to a dock, plus had
permanent land connections like sewer, cable, electric, etc.
-The barge upon which the casino sits is registered for transport w/ Coast Guard
-But it has no engine, no
captain, no navigational aids, no crew, or lifesaving equipment. Has
never been used as a seagoing vessel, can be towed in bad weather,
though.
-Two approaches for vessel
determination: (1) Was the vessel either withdrawn from navigation at
the time in question or never placed in navigation and (2) what was the
purpose for which the craft is constructed/business it is engaged
-Under both analyses, clear that this casino is not a vessel
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