Grimes v. Raymond Concrete Pile Co., 356 U.S. 252 (1958)

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE FIRST CIRCUIT

Syllabus

Petitioner sued respondents under the Jones Act for damages for injuries sustained while being transferred at sea from a tug to a "Texas tower" being secured to the ocean bed at its ultimate location as a radar warning station. The District Court indicated that the evidence created a fact question as to whether he was a member of the crew of any vessel, but directed a verdict for respondents on the round that petitioner’s exclusive remedy was under the Defense Bases Act. The Court of Appeals held that the Defense Bases Act did not provide the exclusive remedy for a crew member, but it affirmed the District Court’s judgment on the ground that the evidence was not sufficient to create a fact question as to whether petitioner was a crew member.

Held:

1. The remedy under the Jones Act created for a member of the crew of any vessel is saved by 42 U.S.C. § 1654. P. 253.

2. Petitioner’s evidence presented an evidentiary basis for a jury’s finding whether or not petitioner was a member of a crew of any vessel. P. 253.

245 F.2d 437 reversed and case remanded.