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Admiralty Law Keyed to Maraist
Solet v. M/V Capt. H. V. Dufrene
Citation:
303 F. Supp. 980 (1969)Facts
On April 13, 1966, August Solet was working as a deckhand aboard the shrimp trawler M/V CAPT. H.V. DUFRENE in the Gulf of Mexico. While using a winch to lift a net containing shrimp, the weld that held a pad eye to the steel cross-arm on the lifting boom broke, causing cables, a block, and a shackle to fall and strike Solet. The vessel’s owner, Elvin Dufrene, had modified the vessel’s rigging to allow two nets to be trolled simultaneously and had hired a welder to perform the work, including the weld that failed. Dufrene had provided the vessel to Captain Kirwin Parfait under an oral agreement where Dufrene would furnish the fully rigged vessel, pay for fuel, maintenance, and repairs in return for half the proceeds from the shrimp catch. Parfait hired the crew, including Solet, who worked for a percentage of the catch rather than fixed wages.
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