Manton Bouvier, Shirley Guidry Bouvier, Widow of Manton Bouvier v. A. Krenz, 702 F.2d 89 (5th Cir. 1983). · Go Syfert
Manton Bouvier, Shirley Guidry Bouvier, Widow of Manton Bouvier v. A. Krenz, 702 F.2d 89 (5th Cir. 1983). Cases Citing This Book View Copy Cite
85 citation events (13 in the last 25 years) across 14 distinct courts.
Strongest positive: Phillips v. Javeler Marine Services, LLC (lamd, 2024-06-04)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 31 distinct citers. How cited ↗
cited Cited as authority (rule) Phillips v. Javeler Marine Services, LLC
M.D. La. · 2024 · confidence medium
La. 2016) (citing Bouvier v. Krenz, 702 F.2d 89, 90 (5th Cir. 1983)).
cited Cited as authority (rule) Blanda v. Cooper/T. Smith Corporation
M.D. La. · 2022 · confidence medium
“Thus, summary judgment on seaman status in Jones Act cases is rarely proper.” Starks, 202 F. Supp. 3d at 611 (citing Bouvier v. Krenz, 702 F.2d 89, 90 (5th Cir. 1983)).
cited Cited as authority (rule) Gage v. Canal Barge Company, Inc.
M.D. La. · 2020 · confidence medium
“Thus, summary judgment on seaman status in Jones Act cases is rarely proper.” Starks, 202 F. Supp. 3d at 611 (citing Bouvier v. Krenz, 702 F.2d 89, 90 (5th Cir. 1983)).
cited Cited as authority (rule) Mims v. Deepwater Corrosion Services, Inc.
S.D. Tex. · 2015 · confidence medium
It is rare that summary judgment on seaman status is proper, and even “marginal cases should go to the jury.” Bouvier v. Krenz, 702 F.2d 89, 90 (5th Cir.1983).
cited Cited as authority (rule) Navarre v. KOSTMAYER CONST. CO., INC.
La. Ct. App. · 2010 · confidence medium
For example, Appellee argues that in Bouvier v. Krenz, 702 F.2d 89, 92 (5th Cir.1983); Romo v. Massman Constr.
discussed Cited as authority (rule) Sepulvado v. ALPHA DRILLING, LLC (2×)
W.D. La. · 2010 · confidence medium
See also Wallace v. Oceaneering Intern., 727 F.2d 427, 432 (5th Cir.1984)(“The issue is to be left to the jury even when the claim to seaman status appears to be relatively marginal”); Bouvier v. Krenz, 702 F.2d 89, 90 (5th Cir.1983)(“While summary judgment on seaman status in Jones Act cases is rarely proper, and even marginal cases should go to the jury, it is in some circumstances possible to rule as a matter of law that a worker is not a seaman.”); Barrios v. Louisiana Const. Materials Co., 465 F.2d 1157, 1162 (5th Cir.1972) (“[T]he issue is to be left to the jury even when the c…
cited Cited as authority (rule) Vowell v. G & H Towing Co.
S.D. Tex. · 1994 · confidence medium
Bouvier v. Krenz, 702 F.2d 89, 90 (5th Cir.1983).
discussed Cited as authority (rule) Kenning v. Bludco Barge & Towing Co.
Tex. App. · 1994 · confidence medium
Corp., 930 F.2d 437, 439 (5th Cir.1991) (performing 19 percent of work at sea is insufficient to qualify employee as a Jones Act seaman as a matter of law); Barrett, 781 F.2d at 1076 (performing 30 percent of work aboard vessels is insufficient to qualify employee as a Jones Act seaman); Bouvier v. Krenz, 702 F.2d 89, 91 (5th Cir.1983) (performing 50 percent of time working aboard ships is insufficient to qualify employee as a Jones Act seaman as a matter of law).
discussed Cited as authority (rule) Newsom v. Continental Grain Co.
D. Minnesota · 1993 · confidence medium
Similar to the permanency requirement, the requirement that a plaintiff perform a substantial portion of his work aboard a vessel or fleet of vessels is premised on the theory that the plaintiffs employment “must not be sporadic and the relationship between the individual and the ... ships must be substantial in point of time and work.” Bouvier v. Krenz, 702 F.2d 89, 91 (5th Cir.1983) (quoting Br aniff v. Jackson Ave.-Gretna Ferry, Inc., 280 F.2d 523, 528 (5th Cir.1960.)).
examined Cited as authority (rule) Gus R. Legros and Betty Legros, Cross-Appellants v. Panther Services Group, Inc., National Union Fire Insurance Co. Of Pittsburgh, Cross (6×) also: Cited "see, e.g."
5th Cir. · 1989 · confidence medium
Sec. 902 (3) 9 Bouvier v. Krenz, 702 F.2d 89, 91 (5th Cir.1983) 10 812 F.2d at 983 11 See, e.g., Buras v. Commercial Testing & Eng'g Co., 736 F.2d 307, 309 (5th Cir.1984) 12 702 F.2d 89, 90 (5th Cir.1983) (emphasis added) 13 762 F.2d 432, 434 (5th Cir.1985) (emphasis added) 14 See Id. at 434 ; Bouvier, 702 F.2d at 90 15 E.g., Buras v. Commercial Testing & Eng'g Co., 736 F.2d 307 (5th Cir.1984); White v. Valley Line Co., 736 F.2d 304 (5th Cir.1984); Jones v. Mississippi River Grain Elevator Co., 703 F.2d 108 (5th Cir.), cert. denied, 464 U.S. 856 , 104 S.Ct. 175 , 78 L.Ed.2d 157 (1983); Fox v. …
discussed Cited as authority (rule) LaFleur v. P & S Well Service No. 5, Inc.
La. Ct. App. · 1988 · confidence medium
Bouvier v. Krenz, 702 F.2d 89, at 90 (5th Cir.1983), and cases cited therein; cf. Pizzitolo v. Electro-Cool Transfer Corp., 812 F.2d 977 (5th Cir.1987), where the appeals court affirmed the district court’s decision on the issue as a matter of law in rendering a judgment notwithstanding the verdict.
discussed Cited as authority (rule) Francine Caruso v. Sterling Yacht and Shipbuilders, Inc., and John Acland, Master of the Passenger Vessel \Bengale I\""
11th Cir. · 1987 · confidence medium
"While summary judgment on seaman status in Jones Act cases is rarely proper, and even marginal cases should go to the jury, it is in some circumstances possible to rule as a matter of law that a worker is not a seaman.” Bouvier v. Krenz, 702 F.2d 89, 90 (5th Cir.1983); Burns v. Anchor-Wate Co., 469 F.2d 730 (5th Cir.1972).
discussed Cited as authority (rule) Fayard v. Contifleeting Inc.
La. Ct. App. · 1987 · confidence medium
Bouvier v. Krenz, 702 F.2d 89, at 90 (5th Cir.1983), and cases cited therein; cf. Pizzitolo v. Electro-Cool Transfer Corp., 812 F.2d 977 (5th Cir.1987), where the appeals court affirmed the district court’s decision on the issue as a matter of law in rendering a judgment notwithstanding the verdict.
discussed Cited as authority (rule) Roger Dale Smith v. Odom Offshore Surveys, Inc., Defendant/third-Party and Aetna Casualty and Surety Co. v. Alvarez-Donnaway-Passons, Inc., Third-Party and National Union Fire Insurance Co., Third-Party
3rd Cir. · 1986 · confidence medium
Based on his entire career with Odom before, during, and, had it been possible, after the minimal onshore assignment, Smith had a "sufficient nexus with the navigation of vessels and the perils attendant thereon to implicate the concerns of the Jones Act." Bouvier v. Krenz, 702 F.2d 89, 90 (5th Cir.1983).
discussed Cited as authority (rule) Smith v. Odom Offshore Surveys, Inc.
5th Cir. · 1986 · confidence medium
Based on his entire career with Odom before, during, and, had it been possible, after the minimal onshore assignment, Smith had a “sufficient nexus with the navigation of vessels and the perils attendant thereon to implicate the concerns of the Jones Act.” Bouvier v. Krenz, 702 F.2d 89, 90 (5th Cir.1983).
cited Cited as authority (rule) Pamela Tullos, Wife Of/and Ronald David Tullos, Cross-Appellants v. Resource Drilling, Inc., and Superior Oil Company, Cross-Appellees
5th Cir. · 1985 · confidence medium
Offshore Co. v. Robison, 266 F.2d 769 (5th Cir.1959), as interpreted in Bouvier v. Krenz, 702 F.2d 89, 90 (5th Cir.1983), and Landry, 595 F.2d at 1073 .
discussed Cited as authority (rule) Robert Bernard v. Binnings Construction Co., Inc. (2×) also: Cited "see, e.g."
5th Cir. · 1984 · confidence medium
All of these formulations [of the seaman test] express basically the same idea____" Bouvier v. Krenz, 702 F.2d 89, 91 (5th Cir.1983). 10 .
discussed Cited as authority (rule) Carl Gerard Prinzi v. Keydril Company
5th Cir. · 1984 · confidence medium
See, e.g., Buras v. Commercial Testing & Engineering Co., 736 F.2d 307 (5th *709 Cir.1984); Bouvier v. Krenz, 702 F.2d 89, 90 (5th Cir.1983); Bertrand v. International Mooring & Marine, Inc., 700 F.2d 240, 244 (5th Cir.1983), cert. denied, — U.S. -, 104 S.Ct. 974 , 79 L.Ed.2d 212 (1984).
examined Cited as authority (rule) Clyde Buras v. Commercial Testing & Engineering Company (4×) also: Cited "see, e.g."
5th Cir. · 1984 · confidence medium
It is likewise well settled that while summary judgment in Jones Act cases is rarely appropriate and that even marginal cases ordinarily should go to the jury, see, e.g., Bouvier v. Krenz, 702 F.2d 89, 90 (5th Cir.1983), “it is in some circumstances proper to rule as a matter of law that a worker is not a seaman.” Id.; see also Bertrand v. International Mooring & Marine, Inc., 700 F.2d 240, 244 (5th Cir.1983), cert. denied, — U.S. —, 104 S.Ct. 974 , 79 L.Ed.2d 212 (1984); Barrios v. Engine Gas & Compressor Services, Inc., 669 F.2d 350, 352 (5th Cir.1982).
examined Cited as authority (rule) Clarence White v. Valley Line Company (6×) also: Cited "see", Cited "see, e.g."
5th Cir. · 1984 · confidence medium
Bouvier v. Krenz, 702 F.2d 89, 90 (5th Cir.1983); Bertrand v. International Mooring & Marine, Inc., 700 F.2d 240, 244 (5th Cir.1983), cert. denied, — U.S. —, 104 S.Ct. 974 , 79 L.Ed.2d 212 (1984); Barrios v. Louisiana Construction Materials Co., 465 F.2d 1157, 1162 (5th Cir.1972).
discussed Cited as authority (rule) Jerome D. Wallace v. Oceaneering International, Defendant-Appellant-Appellee, and Cities Service Company v. Zapata Offshore Co. (2×) also: Cited "see"
5th Cir. · 1984 · confidence medium
Bouvier v. Krenz, 702 F.2d 89, 90 (5 Cir.1983); Abshire v. Seacoast Products, Inc., 668 F.2d 832 (5th Cir.1982), citing Senko v. LaCrosse Dredging Corp., 352 U.S. 370 , 77 S.Ct. 415 , 1 L.Ed.2d 404 (1957).
discussed Cited as authority (rule) Curtis Coulter v. Texaco, Inc. And Insurance Company of North America (2×)
5th Cir. · 1983 · confidence medium
Bouvier v. Krenz, 702 F.2d 89, 90 (5th Cir.1983).
cited Cited "see" Starks v. Advantage Staffing, LLC
E.D. La. · 2016 · signal: see · confidence high
See Bouvier v. Krenz, 702 F.2d 89, 90 (5th Cir. 1983). .
discussed Cited "see" Philip v. Hornbeck Offshore Services, LLC (2×)
E.D. La. · 2015 · signal: see · confidence high
See Bouvier v. Krenz, 702 F.2d 89, 90 (5th Cir.1983). .
cited Cited "see" Eddie Lee Graham v. Milky Way Barge, Inc., and Chevron U.S.A., Inc., Defendants-Appellees v. Land and Offshore Services, Inc., Defendants-Third Party Plaintiffs- Cross-Appellants v. American Fidelity Ins. Co., Third Party Cross-Appellee and Southern American Insurance Co., Third Party Cross
3rd Cir. · 1987 · signal: see · confidence high
See Bouvier v. Krenz, 702 F.2d 89 (5th Cir.1983). 102 This Circuit has addressed the standards for proof of seaman status many times.
cited Cited "see" Graham v. Milky Way Barge, Inc.
5th Cir. · 1987 · signal: see · confidence high
See Bouvier v. Krenz, 702 F.2d 89 (5th Cir.1983).
cited Cited "see" Eddie Lee Graham v. Milky Way Barge, Inc., and Chevron U.S.A., Inc., Defendants-Appellees v. Land and Offshore Services, Inc., Defendants-Third Party Plaintiffs- Cross-Appellants v. American Fidelity Ins. Co., Third Party Cross-Appellee, and Southern American Insurance Co., Third Party Cross
3rd Cir. · 1987 · signal: see · confidence high
See Bouvier v. Krenz, 702 F.2d 89 (5th Cir.1983). 98 This Circuit has addressed the standards for proof of seaman status many times.
cited Cited "see" Graham v. Milky Way Barge, Inc.
5th Cir. · 1987 · signal: see · confidence high
See Bouvier v. Krenz, 702 F.2d 89 (5th Cir.1983).
cited Cited "see" Steve Fredieu v. Rowan Companies, Inc.
5th Cir. · 1984 · signal: see · confidence high
See Bouvier v. Krenz, 702 F.2d 89, 90 (5th Cir.1983).
cited Cited "see" Smith v. Odom Offshore Surveys, Inc.
M.D. La. · 1984 · signal: accord · confidence high
Accord Bouvier v. Krenz, 702 F.2d 89, 90 (5th Cir.1983).
discussed Cited "see, e.g." Richard A. Reynolds v. Ingalls Shipbuilding Division, Litton Systems, Inc.
5th Cir. · 1986 · signal: see also · confidence low
Consequently» “M shipbuilder’s worker [such as Reynolds] assisting in the building and ultimate commissioning of a launched but uncompleted vessel floating or maneuvering in navigable waters is not a seaman within the meaning of the Jones Act, because his vessel is not yet an instrumentality of commerce — private or public — and is therefore not ‘in navigation.’ ” 452 F.2d at 958 (emphasis added); see also Bouvier v. Krenz, 702 F.2d 89 , 91 n. 3 (5th Cir.1983) (adhering to Williams and explaining that “participation] in sea trials does not confer seaman status”).
Retrieving the full opinion text from the archive…
Manton BOUVIER, Shirley Guidry Bouvier, Widow of Manton Bouvier, Plaintiff-Appellant,
v.
A. KRENZ, Et Al., Defendants-Appellees
82-3357.
Court of Appeals for the Fifth Circuit.
Apr 7, 1983.
702 F.2d 89
1983 U.S. App. LEXIS 29012
M.H. Gertler, New Orleans, La., for plaintiff-appellant., Fritz H. Windhorst, Delbert G. Talley, Gretna, La., Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Edward J. Koehl, Jr., New Orleans, La., for Avondale., James J. Morse, New Orleans, La., for Travelers., Lemle, Kelleher, Kohlmeyer & Matthews, Michael J. Furman, New Orleans, La., for Celotex Corp., Herbert, Cordel, & Pechstein.
Gee, Per Curiam, Randall, Tate.
Cited by 51 opinions  |  Published
PER CURIAM:

This Jones Act case comes to us on appeal from the district court’s grant of summary judgment for the appellee on the issue of the decedent’s seaman status. For the reasons set forth below, we affirm.

The decedent, Mantón Bouvier, was an employee of the appellee, Avondale Shipyards. [1] He held various jobs during the course of his employment, but the only work alleged to have made him a Jones Act seaman was his five-year stint as a rigger. The plaintiff, Bouvier’s widow, alleges that he died of asbestosis and silicosis caused by the inhalation of asbestos and sand particles in the shipyard. The district court gave summary judgment for Avondale on the ground that Bouvier had not been a Jones Act seaman. This appeal followed.

While summary judgment on seaman status in Jones Act cases is rarely proper, and even marginal cases should go to the jury, it is in some circumstances possible to rule as a matter of law that a worker is not a seaman. See, e.g., Guidry v. Continental Oil Co., 640 F.2d 523 (5th Cir.), cert. denied, 454 U.S. 818, 102 S.Ct. 96, 70 L.Ed.2d 87 (1981); Burns v. Anchor-Wate Co., 469 F.2d 730 (5th Cir.1972). There are three different formulations in this circuit of the test for seaman status, but they are all essentially equivalent. The original standard, set forth in McKie v. Diamond Marine Co., 204 F.2d 132 (5th Cir.1953), required that the worker have (1) a more or less permanent connection with (2) a ship in navigation and (3) that he be aboard primarily to aid in navigation. The McKie test was refined in Offshore Co. v. Robison, 266 F.2d 769 (5th Cir.1959), which held that seaman status was a jury question where (1) the worker was permanently assigned to or did a substantial portion of his work on a vessel, and (2) his work contributed to the function of the vessel, the accomplishment of its mission, or its operation or welfare. The third version of the test is essentially a combination of the first two prongs of McKie and the second prong of Robison. See Watkins v. Pentzien, Inc., 660 F.2d 604 (5th Cir.1981), cert. denied, 456 U.S. 944, 102 S.Ct. 2010, 72 L.Ed.2d 467 (1982); Guidry v. South Louisiana Contractors, Inc., 614 F.2d 447 (5th Cir.1980). All of these formulations express basically the same idea, and are not to be applied mechanically, but rather used as a guide in weighing the total circumstances of an individual’s employment to determine whether they had sufficient nexus with the navigation of vessels and the perils attendant thereon to implicate the concerns of the Jones Act. See Davis v. Hill Engineering, Inc., 549 F.2d 314 (5th Cir.1977); Brown v. ITT Rayonier, Inc., 497 F.2d 234 (5th Cir.1974).

In this case, we do not think that Bouvier’s work as a rigger had that nexus, for it lacked the aspect of permanency or substantiality. [2] Avondale’s riggers were shore-based workers who worked their shift at the shipyard and then went home; they never ate or slept on board a vessel, and[*91] they never went to sea. [3] The evidence indicates that they spent approximately fifty percent of their time working on ships. They removed machinery from the ships so that it could be taken ashore for repairs and then reinstalled it when the repairs were done. They also worked in new ship construction, apparently doing similar work; it is unclear what portion of their shipboard work was construction and what portion was repair. [4] On any given day, they might work on as many as ten different ships. They would not necessarily complete work on one ship before starting on another, nor did they work on any specific or identifiable group of vessels.

Under these circumstances, there simply was no element of permanency or substantiality in Bouvier’s relationship with the vessels. While a worker can be a seaman with respect to a group of vessels where he would not be with respect to any single vessel in the group, Braniff v. Jackson Ave. — Gretna Ferry, Inc., 280 F.2d 523 (5th Cir.1960), the work “must not be spasmodic and the relationship between the individual and the ... ships must be substantial in point of time and work.” Id. at 528. Even if we assume arguendo that a group of vessels may permissibly be defined as the variously owned vessels putting into Avon-dale for repairs, or even as the group of vessels on which Bouvier worked, nevertheless Bouvier’s work as a shore-bound ship repairman working for a shipyard does not make him a Jones Act seaman. While perhaps none of the facts chronicled above with respect to his work would, taken alone, deny him seaman status as a matter of law, their aggregation does.

We observe also that the Longshoremen’s and Harbor Workers’ Compensation Act specifically covers “any harborworker including a ship repairman [or] shipbuilder ... but ... not ... a master or member of a crew of any vessel .... ” 33 U.S.C. §§ 902(3), 903 (1976). The term “master or member of a crew” in the LHWCA has been held to be the equivalent of “seaman” in the Jones Act, with the Robison test the guide to both determinations. McDermott, Inc. v. Boudreaux, 679 F.2d 452 (5th Cir. 1982). The language of the LHWCA thus strongly supports, indeed arguably demands, the conclusion that a harbor-bound ship repairman is as a matter of law not a “member of a crew” and thus not a Jones Act seaman.

The plaintiff relies heavily on two cases: Abshire v. Seacoast Products, Inc., 668 F.2d 832 (5th Cir.1982), and Landry v. Amoco Production Co., 595 F.2d 1070 (5th Cir.1979). Both are distinguishable. In Abshire, a jury had found that the plaintiff was a seaman. There was conflicting evidence as to the plaintiff’s actual work: the plaintiff’s evidence showed that he worked virtually exclusively on ships, would spend days or weeks continuously on a vessel, and occasionally performed the duties of a seaman in navigation. Nonetheless, it was “a close case” whether the defendant was entitled to judgment notwithstanding the verdict. Abshire, 668 F.2d at 835. Bouvier’s case is much weaker. In Landry, the evidence showed that the plaintiff spent seventy percent of her working time on water, was injured at a site which could only be reached by water, worked continuously side-by-side with the same crew members, and at least occasionally operated boats. This shows considerably more vessel-related activity than Bouvier performed, with a[*92] much higher degree of continuity and a much more substantial relationship between the work performed and the mission of the vessel.

We thus find that neither Abshire nor Landry requires a holding in Bouvier’s favor. His case more closely resembles Fazio v. Lykes Bros. Steamship Co., 567 F.2d 301 (5th Cir.1978) (shoregang employee who repaired lifeboats, rigged and changed booms, handled lines; as a matter of law not a seaman) and Rotolo v. Halliburton Co., 317 F.2d 9 (5th Cir.), cert. denied, 375 U.S. 852, 84 S.Ct. 111, 11 L.Ed.2d 79 (1963) (shore-based welder who repaired hulls of boats; as a matter of law not a seaman).

We find that Bouvier’s relationship to the vessels on which he worked was not sufficiently continuous or substantial to present a jury question of Jones Act seaman status. We therefore AFFIRM the judgment of the district court.

1

. There were originally several other defendants in the case, but all of them have settled with the plaintiff and are not parties to this appeal. Bouvier himself was the original plaintiff; his widow was substituted as plaintiff after his death.

2

. There is no difficulty in this case with conflicting evidence, for all the evidence as to[*91] Bouvier’s occupation is in the form of uncon-tradicted, consistent deposition testimony by Bouvier and his co-workers. Thus the only question is whether that evidence conclusively establishes that Bouvier was not a seaman.

3

. The appellant’s brief states that Bouvier “probably went to sea on sea trials .... ” Brief for Appellant at 20. In the first place, there is no evidence that Bouvier participated in sea trials. Further, this court has held that participating in Avondale’s sea trials does not confer seaman status, since the trials are of ships under construction, which are not yet “in navigation.” Williams v. Avondale Shipyards, Inc., 452 F.2d 955 (5th Cir.1971). Thus, even if Bouvier did participate in sea trials, his case is no stronger.

4

. Ship construction is not seaman’s work, because a ship under construction is not yet “in navigation.” Williams v. Avondale Shipyards, Inc., supra. Thus, Bouvier’s work in ship construction does not aid his Jones Act case.