This section contains the nature of the case and procedural background.

On March 5, 1976, P fell to the deck of the U.S.S. KING from the scaffold on which he was working and sustained serious injuries. P sued for general damages under both the Jones Act, the doctrine of unseaworthiness, and also maintenance and cure. The court granted D's motion for summary judgment because the vessel on which P was working was not in navigation and he was not a member of the vessel's crew contributing to its mission or the accomplishment of the vessel's function. P appealed.

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