Dukes v. Zafiro Marine

Full title: JOSEPH DUKES v. ZAFIRO MARINE

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

Date published: Nov 30, 2018

CIVIL ACTION NO. 15-4948 SECTION M (3) (E.D. La. Nov. 30, 2018)

Opinion

CIVIL ACTION NO. 15-4948 SECTION M (3)

11-30-2018

JOSEPH DUKES v. ZAFIRO MARINE

BARRY W. ASHE UNITED STATES DISTRICT JUDGE

ORDER & REASONS

Defendant CVI Global Lux Oil and Gas 4 S.a.r.l. ("CVI") filed a motion for summary judgment seeking dismissal of plaintiff's unseaworthiness claims against it.¹ CVI argues that, because plaintiff Joseph Dukes ("Dukes") was not a seaman aboard its vessel, but rather a passenger, Dukes cannot bring an unseaworthiness claim against CVI.² Dukes does not dispute that he does not have an unseaworthiness claim against CVI, and does not oppose the motion.³

1 R. Doc. 92.

2 R. Doc. 92-1 at 1-5.

3 R. Doc. 100. Dukes correctly notes that CVI had not moved for summary judgment on his negligence claims against it. Therefore, those claims remain pending. --------

Accordingly

IT IS ORDERED that CVI's motion for summary judgment regarding Dukes' unseaworthiness claims is GRANTED, and those claims are DISMISSED WITH PREJUDICE.

New Orleans, Louisiana, this 30^th day of November, 2018.

/s/_________

BARRY W. ASHE

UNITED STATES DISTRICT JUDGE