Articles Posted in Supreme Court of Texas

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In this admiralty law case, a certain vessel - taken out of service, subjected to a twenty-month conversion process, and unable to engage in transportation during the entirety of the claimant’s onboard employment - was “out of navigation” as a matter of law and thus outside the Jones Act. Kelvin Gold, an employee of Helix Energy Solutions Group, reported injuries suffered aboard the HELIX 534 and sued Helix for additional maintenance-and-cure benefits, as well as actual and punitive damages. Gold claimed those remedies under the Jones Act as a “seaman” aboard a “vessel in navigation.” During the entire time Gold worked aboard the 534 the ship lacked the ability to navigate on her own due to the overhaul of her engines. The trial court granted summary judgment for Helix, concluding that the 534 was not a vessel in navigation under undergoing the overhaul. The court of appeals reversed, finding a fact question. The Supreme Court reversed the decision of the court of appeals and reinstated the trial court’s summary judgment, holding as a matter of law that the 534 was not in navigation and therefore that the Jones Act did not apply during the course of Gold’s employment. View "Helix Energy Solutions Group, Inc. v. Gold" on Justia Law