Daniel v. Ergon, Inc.’s Empirical Analysis
892 F.2d 403 · 1990
Citation profile
15 federal appellate · 4 state decisions
How this case has been cited
Cited by 35 later decisions — most recently April 2023 · most notably Gremillion v. Gulf Coast Catering Co. (1990), Pavone v. Mississippi Riverboat Amusement Corp. (1995)
15 federal appellate · 4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 636 · 33 U.S.C. § 905
Relies on Michel v. United States · Morrison v. Olson · Federal Energy Regulatory Commission v. Martin Exploration Management Co. · Penn Central Transportation Co. v. New York City · Scindia Steam Navigation Co. v. De Los Santos
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“unseaworthiness requires the existence of a vessel.”
2 later decisions quote this exact passage · from the majority“As a general principle, where the vessel status of an unconventional craft is unsettled, it is necessary to focus upon the purpose for which the craft is constructed and the business in which it is engaged. The caselaw is heavily skewed in favor of conferring such status upon craft whose primary mission is the transportation of cargo, equipment or passengers over navigable waters. The greater the structure’s resemblance to conventional seafaring craft, the greater the odds of securing vessel status. In light of this bias favoring traditional craft, it is not surprising that we look to whether a given structure maintains or possesses (1) navigational aids, (2) lifeboats and other lifesaving equipment, (3) a raked bow, (4) bilge pumps, (5) crew quarters, and (6) registration with the Coast Guard as a vessel. In addition, the intention of the owner to move the structure on a regular basis, the ability of the submerged structure to be refloated, and the length of time that the structure has remained stationary are also relevant to the inquiry. Structures need not lack all of the above-mentioned attributes to be deemed nonves-sels. The greater the degree of attenuation from the attributes of traditional vessels ... the less likely that Jones Act jurisdiction and seaman status will be secured by the claimant. Nevertheless, exotic craft may qualify as vessels, especially if frequently navigated, or if exposed to the perils associated with maritime service, or if injury occurs during”
1 later decision quote this exact passage · from the majority“Seaman status is ordinarily a question for the trier of fact and even where facts are largely undisputed, the jury's role should not be lightly shortcircuited. Bernard v. Binnings Constr. Co., 741 F.2d 824, 827 (5th Cir.1984). Thus the issue of seaman status "should only be removed from the trier of fact (by summary judgment or directed verdict) in rare circumstances. . . and even marginal Jones Act claims should be submitted to the jury. Id. [Emphasis added.]”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.