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Buford v. Cardinal Services12/12/2001
.25 percent) or while performing wireline work on a fixed platform where no vessel was involved (33.14 percent). Cardinal also submits that Mr. Buford performed wireline services on wells from the M/V Cardinal III (a spud barge with a built-in wireline unit), the L/B T.C. Holleman (another spud barge with built-in wireline unit), and the L/B J.W. Collins (a 65 foot lift boat with a built-in wireline unit). The spud barges and the lift boat were used to perform small platform wireline operations and, according to Mr. Buford, are operated by a two-person wireline crew, of which he was a member. According to the daily operations reports, the work upon these three vessels constituted 27.30 percent of his employment time. Moreover, the seven days in Cardinal's marine division spent as a deckhand aboard the L/B R.E. Johnson assisting the short- handed crew account for 10.21 percent. Finally, the assignment with the L/B J.A. Holleman (150 foot self-elevating lift boat with a wireline unit on its deck), which resulted in Mr. Buford's injury, accounts for 4.62 percent of his total working hours.
On June 8, 1998, Mr. Buford was transported by helicopter to a work site comprised of the Cardinal-owned and controlled lift-boat, the L/B J.A. Holleman, and a fixed offshore platform, East Cameron 72. The vessel was jacked up and affixed adjacent to the platform; a catwalk connected the two. Mr. Buford slept on the stationary vessel over the course of three nights and also took his meals there. The vessel had a captain, mate, deckhand, and cook, all of whom comprised the crew, and of which Mr. Buford was not a member. Over the course of four days, he worked as a wireline helper, primarily on the platform, assisting Mr. Andrew Comeaux, the wireline operator. The wireline unit was located on the deck of the L/B J.A. Holleman. In addition to housing the wireline unit, the vessel also served as a work-staging area. The wireline unit was used to service the well, and the well was accessed via the platform.
On June 11, 1998, Mr. Buford and Mr. Comeaux were aboard the vessel, operating the wireline unit, and attempting to pull the safety valve out of the well and up into the lubricator. The men were successful in latching onto the valve with the wireline unit, but were unable to pull it into the lubricator. They disembarked the vessel and proceeded to the platform where Mr. Comeaux placed a pipe wrench into the grating to provide leverage for Mr. Buford's foot. Mr. Buford tried to loosen the valve by pulling the wire back and forth. In attempting this, Mr. Buford lifted his left leg to create greater force and upon placing his foot back down, his left leg gave way and he twisted his knee. He was flown by helicopter from the work site to receive medical attention for what was discovered to be a torn medial meniscus. He has undergone two surgeries and has received compensation and medical benefits pursuant to the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 901. Mr. Buford filed suit against both Cardinal and B.T. Operating Company on April 7, 1999. In his petition for damages, he alleged that he was a seaman as contemplated by the Jones Act, 46 U.S.C. § 688. After the two defendants both answered, the claims against B.T. Operating Company were voluntarily dismissed by Mr. Buford. Cardinal, the remaining defendant, filed a motion for summary judgment urging lack of seaman status. The trial judge granted the motion in favor of Cardinal and Mr. Buford filed this appeal.
III. LAW AND DISCUSSION
Standard of Review
We begin with the well-settled rule that " ppellate courts review summary judgments de novo under the same criteria that govern the district court's considerati
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