Andrew Seymore, Kenneth Lee Blonden v. Metson Marine Inc., Metson Offshore Inc.
Published: Feb. 27, 2010 | Result Date: Dec. 24, 2009 | Filing Date: Jan. 1, 1900 |Case number: CIVMS0802279 Bench Decision – Defense
Court
Contra Costa Superior
Attorneys
Plaintiff
Mark E. Merin
(Law Office of Mark E. Merin)
Defendant
Tracey A. Kennedy
(Sheppard, Mullin, Richter & Hampton LLP)
Marlene Nicolas
(Sheppard Mullin Richter & Hampton LLP)
Facts
Plaintiffs Andrew Seymore, a ship captain, and Kenneth Blonden, a seaman, spent two weeks on duty, and two weeks off duty, with a vessel docked in a harbor. The ship went out to sea when responding to calls about oil spills. Seymore and Blonden filed suit against their longtime employers, Metson Marine Inc. and Metson Offshore Inc.
Contentions
PLAINTIFFS' CONTENTIONS:
Seymore and Blonden alleged that they were not paid for all the hours they spend aboard or on call. They contended that they were entitled to pay for 24-hour days while working, not 12 hours; since they were required to be within 45 minutes of response to oil spills around the clock.
DEFENDANTS' CONTENTIONS:
Metson claimed that Seymore and Blonden had been paid according to industry standards, which never paid seamen for hours of sleep aboard a work vessel. Metson also contended that they were always paid for a full 12-hour work day, despite having worked less than 12-hour days.
Damages
Seymore and Blonden sought damages of $400,000 in unpaid wages.
Result
The court found for the defense in a pre-trial summary judgment order.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390