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Admiralty Law Keyed to Maraist
Harbor Tug & Barge Co. v. Papai
Citation:
520 U.S. 548, 117 S.Ct. 1535, 137 L.Ed.2d 800, 1997 AMC 1817 (1997)Facts
John Papai was hired by Harbor Tug & Barge Co. to paint the tugboat Pt. Barrow for one day while it was docked. He was not going to sail with the vessel after completing the painting job. Papai received this job, like his previous maritime jobs, through the Inland Boatman’s Union hiring hall. Over the previous 2½ years, he had worked for various employers through the hiring hall, with jobs lasting from a few days to about 40 days. He categorized his work as maintenance (including painting docked vessels), longshoring, and deckhand work, claiming that about 70% of his work was as a deckhand. In the 2½ months before his injury, Papai had worked for Harbor Tug on 12 previous occasions, including 3-4 times aboard the Pt. Barrow doing maintenance work while it was docked. When Papai was injured after a ladder moved, causing him to fall, he sued Harbor Tug under the Jones Act.
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