ADMIRALTY
The Jones Act provides a cause of action to seamen for personal injuries sustained in the course of their employment. Estate of Young v. M/V Diana Lynn, 1 A.S.R.3d 154 (1997).
In order for an individual to be considered a “seaman” under the Jones Act, (1) the individual’s duties must contribute to the function of the vessel or the accomplishment of its mission; and (2) the individual must have a connection to a vessel in navigation (or to an identifiable group of such vessels) that is substantial in nature and duration. Estate of Young v. M/V Diana Lynn, 1 A.S.R.3d 154 (1997).
All circumstances of an individual’s employment must be weighed to determine whether he/she has a sufficient relationship to the navigation of vessels and the perils attendant thereon. Estate of Young v. M/V Diana Lynn, 1 A.S.R.3d 154 (1997).
Where vessel had remained in dry dock and tied up at port for at least three years, individuals who had repaired vessel in attempt to ready it for navigation were considered “land-based” employees, not seamen, and were not entitled to relief under the Jones Act. Estate of Young v. M/V Diana Lynn, 1 A.S.R.3d 154 (1997).
Where port engineer had no authority to hire crewmembers, his statement that Plaintiffs were “crewmembers’ carried no weight in determining seaman status. Estate of Young v. M/V Diana Lynn, 1 A.S.R.3d 154 (1997).
Where workers possessed expectations of becoming seamen in the future, such expectation was insufficient to raise workers to seamen status in present. Estate of Young v. M/V Diana Lynn, 1 A.S.R.3d 154 (1997).
Requirement that employee’s work be done at sea is first basic principle of being a seaman. Estate of Young v. M/V Diana Lynn, 1 A.S.R.3d 154 (1997).