Carmack v. American Workboats, Inc.
1:23-cv-00345
D. Haw.Apr 18, 2025Background
- Marshall Carmack sued American Marine Corporation (AMC) for injuries allegedly sustained while working aboard a barge (AWB 82) during a construction project at Maalaea Harbor, Maui.
- Carmack claims seaman status and seeks damages under the Jones Act and general maritime law, including claims for negligence, unseaworthiness, and maintenance and cure.
- AMC sought partial summary judgment, arguing Carmack was not a "seaman" under the Jones Act because his work was primarily land-based construction.
- The core factual dispute centers on the nature and percentage of Carmack’s work performed aboard AMC vessels and whether it exposed him to maritime risks.
- Both parties filed evidence and cross-objected to each other's evidence regarding Carmack’s work history and connection to AMC vessels.
- The court considered whether the record presented a genuine dispute of material fact about Carmack’s seaman status.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Carmack qualifies as a "seaman" for Jones Act coverage. | Worked >80% of time on AMC vessels, performed sea-based duties, exposed to perils of the sea. | Work was land-based construction, only ~28% could possibly be "seaman" work, lacked typical seaman credentials. | Genuine issue of material fact exists; jury must decide seaman status. |
| Admissibility of summary judgment evidence | AMC affidavits not based on proper personal knowledge or records. | Carmack’s declaration is self-serving, inadmissible, lacks foundation. | Both parties’ evidence admissible under updated Rule 56. |
Key Cases Cited
- Chandris, Inc. v. Latsis, 515 U.S. 347 (U.S. 1995) (established two-part test for seaman status under the Jones Act)
- McDermott Int’l, Inc. v. Wilander, 498 U.S. 337 (U.S. 1991) (discussed summary judgment in seaman-status cases)
- Harbor Tug & Barge Co. v. Papai, 520 U.S. 548 (U.S. 1997) (described seaman status as a mixed question of law and fact)
- Delange v. Dutra Constr. Co., Inc., 183 F.3d 916 (9th Cir. 1999) (sea-based duties and time aboard created a triable issue for seaman status)
- Scheuring v. Traylor Bros., Inc., 476 F.3d 781 (9th Cir. 2007) (sea-based duties, including moving a derrick barge, raised a jury issue on seaman status)