Date Decided: May 11th, 1998
Decided By: U.S. Court of Appeals, Third Circuit (Federal)
Court: U.S. Court of Appeals for the Third Circuit
Citation: Foulk v. Donjon Marine Company, Inc., 144 F.3d 252, 1998 AMC 2926 (3rd 1998)
In April of 1993, Donjon Marine Company ("Donjon")entered into a contract to provide Breakwaters with material, barges, tugs anda floating crane for the construction of an artificial reef for the Borough ofAvalon, New Jersey. Foulk was hired byBreakwaters as a freelance diver to assist in the construction of thereef. Foulk used Donjon's crane barge,the Farrell 256, as a dive station. Throughout the project, Foulk and the other commercial divers wouldsleep ashore and report for work each morning. In total, Foulk's portion of the assignment lasted only ten days,however, on the first day he was injured when he was caught between a jetty andthe clamshell bucket. As a result, hesuffered various fractures, a collapsed lung, and an injured right shoulder andfiled suit against Donjon. Breakwaterssought partial summary judgment on the issue that Foulk's does not qualify as aseaman; while Donjon and Foulk cross-moved that Foulk qualified as a Jones Actseaman. The lower court granted themotion in favor of Breakwaters. Foulkand Donjon appealed. Read More...