Case Name: Dwayne Johnson v Transocean Offshore USA, Inc.
Date Decided: July 31, 2009
Court: U.S.D.C. Western District of Louisiana, Lafayette and Opelousas Division
Judge: Judge Melancon
Citation: 2009 WL 2366523

Background:
Before this Court was plaintiff, Dwayne Johnson's ("Johnson") Motion to Strike Jury Trial Request and Re-fix. The defendant, Transocean Offshore USA Inc. ("Transocean") did not file an opposing motion.

Johnson was employed and working for Weatherford U.S., LP as a rig system supervisor and assigned to work aboard the Cajun Express owned and operated by Transocean. Johnson slipped in hydraulic oil which was on the floor of the Cajun while in the process of installing equipment during the course of his duties.

Johnson filed a complaint requesting his right to bench trial pursuant to Federal Rules of Civil Procedure 9(h). Transocean filed a request for jury trial which was met by a Motion to Strike Jury Trial Request by Johnson.

Issue:
Was Johnson's Motion to Strike Jury Trial Request granted?

Held:
Normally, when a case involves admiralty or maritime claims, neither the plaintiff nor the defendant has a right to a jury trial except provided by statute. Under the Jones Act, the right to trial by jury belongs only to the plaintiff.

Accordingly, this court granted Johnson's Motion to Strike Jury Trial Request because he brought his claim in admiralty and under the Jones Act. Transocean did not dispute the admiralty jurisdiction nor Johnson's qualification as a Jones Act "seaman".

Comment:
Normally, both the plaintiff and defendant, has the right under the Constitution to a trial by jury. However, that right is not guaranteed when an action is brought pursuant to admiralty jurisdiction. Moreover, the Jones Act gives the plaintiff, the right to a trial by jury under a Jones Act claim but not the defendant.

Steve Gordon
http://www.offshoreinjuries.com