Sunday, May 18, 2014

Pavone v. Mississippi Riverboat Amusement case brief summary

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.
-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-Two approaches for vessel determination: (1) Was the vessel either withdrawn from navigation at the time in question or never placed in navigation and (2) what was the purpose for which the craft is constructed/business it is engaged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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