U.S. Supreme Court Victory for Admiralty Clients

The U.S. Supreme Court last week handed a significant victory to workers injured on board specialty vessels that do not fall within the traditional category of boats and ships. Stewart v. Dutra Construction Co., No. 03-814 (Feb. 22, 2005).

The “Super Scoop,” the world's largest dredge, was towed to Boston Harbor where it was helping dig a trench for the Ted Williams Tunnel, part of Boston’s “Big Dig.” Willard Stewart, an engineer on the dredge, was injured when it collided with a scow. He brought a negligence action against the dredge’s owner under the Jones Act, which provides tort remedies and trial by jury.

Lower Court Rulings

The district court and the First Circuit ruled that Stewart was limited to the workers’ compensation-type remedies provided by the Longshore and Harbor Workers Compensation Act (LHWCA). The LHWCA would permit Stewart’s suit only if he qualified as “a member of a crew of any vessel.” The First Circuit reasoned that because transportation was not the primary purpose of the Super Scoop and because it was not moving at the time of the accident, the dredge was not a “vessel.”

A Unanimous Reversal

The Supreme Court reversed 8-0. The opinion by Justice Clarence Thomas adopted the broad definition of vessel proposed by AAJ in its amicus curiae brief and by the plaintiff. The Rules of Construction Act, 1 U.S.C. § 3, defines “vessel” to include any contrivance “used, or capable of being used, as a means of transportation on water.” Justice Thomas stated that this was the generally accepted definition under general maritime law at the time Congress enacted the Jones Act in 1920 and the LHWCA in 1927. Concluding that the Super Scoop came within this definition of a “vessel” the Court remanded the case for further proceedings.

AAJ's Involvement

AAJ member David B. Kaplan, of Boston, represented Stewart. AAJ’s amicus brief was prepared by John W. deGravelles and Harvey Lewis, of AAJ’s Admiralty Law Section.