In re Complaint of Buchanan Marine, L.P., No. 16-1092 (2d Cir. 2017)Annotate this Case
After claimant was injured while inspecting a moored barge, he filed claims against the barge company as his employer, the owner of the barge, and the operator of the rock processing facility, under the Jones Act, 46 U.S.C. 30101‐30106, the Longshore and Harbor Workersʹ Compensation Act (LHWCA), 33 U.S.C. 901‐950, general maritime law, and New York state law. The Second Circuit affirmed the dismissal of the Jones Act claims because claimant did not qualify as a ʺseamanʺ within the meaning of the Jones Act. However, the court held that the district court erred in dismissing certain of claimant's remaining claims against the owner of the barge and the operator of the rock processing facility. In this case, the district court erred in dismissing the LHWCA claim against Franz to the extent it was based on the alleged breach of Franzʹs duty, as owner, to turn over a reasonably safe vessel; and the state law claims against Tilcon for negligence, gross negligence, and violation of N.Y. Labor Law 200. Accordingly, the court affirmed in part, vacated in part, and remanded for further proceedings.