Chandris, Inc. v. Latsis, 515 U.S. 347, 27 (1995)

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Cite as: 515 U. S. 347 (1995)

Opinion of the Court

of time the Galileo was in drydock in Germany, because during that time period she was out of navigation." We agree with the Court of Appeals that it did.

The foregoing discussion establishes that, to qualify as a seaman under the Jones Act, a maritime employee must have a substantial employment-related connection to a vessel in navigation. See Wilander, supra, at 354-355. Of course, any time Latsis spent with the Galileo while the ship was out of navigation could not count as time spent at sea for purposes of that inquiry, and it would have been appropriate for the District Court to make this clear to the jury. Yet the underlying inquiry whether a vessel is or is not "in navigation" for Jones Act purposes is a fact-intensive question that is normally for the jury and not the court to decide. See Butler v. Whiteman, 356 U. S. 271 (1958) (per curiam); 2 M. Norris, Law of Seamen § 30.13, p. 363 (4th ed. 1985) ("Whether the vessel is in navigation presents a question of fact to be determined by the trier of the facts. When the case is tried to a jury the fact question should be left to their consideration if sufficient evidence has been presented to provide the basis for jury consideration"). Removing the issue from the jury's consideration is only appropriate where the facts and the law will reasonably support only one conclusion, Anderson v. Liberty Lobby, Inc., 477 U. S. 242, 250- 251 (1986), and the colloquy between the court and counsel does not indicate that the District Court made any such findings before overruling respondent's objection to the drydock instruction. See Tr. 432. Based upon the record before us, we think the court failed adequately to justify its decision to remove the question whether the Galileo was "in navigation" while in Bremerhaven from the jury.

Under our precedent and the law prevailing in the Circuits, it is generally accepted that "a vessel does not cease to be a vessel when she is not voyaging, but is at anchor, berthed, or at dockside," DiGiovanni v. Traylor Bros., Inc., 959 F. 2d 1119, 1121 (CA1) (en banc), cert. denied, 506 U. S.

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