Chandris, Inc. v. Latsis, 515 U.S. 347, 28 (1995)

Page:   Index   Previous  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  Next

374

CHANDRIS, INC. v. LATSIS

Opinion of the Court

827 (1992), even when the vessel is undergoing repairs. See Butler, supra, at 271; Senko, 352 U. S., at 373; Norris, supra, at 364 ("[A] vessel is in navigation . . . when it returns from a voyage and is taken to a drydock or shipyard to undergo repairs in preparation to making another trip, and likewise a vessel is in navigation, although moored to a dock, if it remains in readiness for another voyage" (footnotes omitted)). At some point, however, repairs become sufficiently significant that the vessel can no longer be considered in navigation. In West v. United States, 361 U. S. 118 (1959), we held that a shoreside worker was not entitled to recover for unseaworthiness because the vessel on which he was injured was undergoing an overhaul for the purpose of making her seaworthy and therefore had been withdrawn from navigation. We explained that, in such cases, "the focus should be upon the status of the ship, the pattern of the repairs, and the extensive nature of the work contracted to be done." Id., at 122. See also United N. Y. and N. J. Sandy Hook Pilots Assn. v. Halecki, 358 U. S. 613 (1959); Desper, 342 U. S., at 191. The general rule among the Courts of Appeals is that vessels undergoing repairs or spending a relatively short period of time in drydock are still considered to be "in navigation" whereas ships being transformed through "major" overhauls or renovations are not. See Bull, 6 U. S. F. Mar. L. J., at 582-584 (collecting cases).

Obviously, while the distinction at issue here is one of degree, the prevailing view is that "major renovations can take a ship out of navigation, even though its use before and after the work will be the same." McKinley v. All Alaskan Seafoods, Inc., 980 F. 2d 567, 570 (CA9 1992). Our review of the record in this case uncovered relatively little evidence bearing on the Galileo's status during the repairs, and even less discussion of the question by the District Court. On the one hand, the work on the Chandris vessel took only about six months, which seems to be a relatively short period of time for important repairs on oceangoing vessels. Cf. id., at 571

Page:   Index   Previous  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  Next

Last modified: October 4, 2007