Plaintiff was employed by defendant Grand Palais Riverboat L.L.C. as a technician on the Grand Palais riverboat casino, and was injured when the gangway attached to the boat malfunctioned and collapsed. Plaintiff filed a petition for damages, alleging that the Grand Palais was a vessel under general maritime law, 1 U.S.C. 3, and that he was a seaman under the Jones Act, 46 U.S.C. 30104, et seq., at the time of the accident. The Grand Palais was built as a riverboat casino in conformity with the requirements of Louisiana law which authorize gaming activities to be conducted on riverboat casinos that sail on designated waterways. In 2001, the Grand Palais was moored to its current location by nylon mooring lines and steel wire cables, pursuant to La. R. S. 27:65(B)(1)(c), which allowed riverboat casinos to conduct gaming activities while docked if the owner obtained the required license and paid the required franchise fees. The Grand Palais had not moved since March 24, 2001. Necessary services for the Grand Palais’s operation as a casino were provided via shore-side utility lines, which supply electricity, water, sewage, cable television, telephone and internet services. These utility lines have not been disconnected since 2001. Additionally, the casino computer systems, including the slot machines, are located on land. The Louisiana Supreme Court granted certiorari to review an appellate court's decision granting plaintiff’s motion for summary judgment and holding the Grand Palais Casino was indeed a “vessel” for purposes of general maritime law. The Court determined this decision contradicted the court’s earlier decision in Benoit v. St. Charles Gaming Company, LLC, 233 So. 3d 615, cert. denied, ___ U.S. ___, 139 S. Ct. 104, 202 L. Ed. 2d 29 (2018), which held the Grand Palais was not a vessel. After a de novo review of the record, the Louisiana Court concluded the Grand Palais was a not vessel under general maritime law. Therefore, it reversed the judgment of the court of appeal and granted defendant’s motion for summary judgment, dismissing plaintiff’s suit.

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CommentsUnited States Court of Appeals,Fifth Circuit.
David DE LA ROSA, Plaintiff-Appellant, v.
CHARLES GAMING COMPANY, INC.
Decided: October 31, 2006 Before BARKSDALE, BENAVIDES and OWEN, Circuit Judges.
McKeand arguedHouston, TX, for De La Rosa.
Schouest, Phelps Dunbar, Houston, TX, for Defendants-Appellees.
The Isle of Capri Casino continue reading gaming and other entertainment on board two boats that are afloat on Lake Charles, located in Lake Charles, Louisiana.
The boats are indefinitely moored to a dock, adjacent to a land-based hotel.
Believing that his fall was caused by improper installation or maintenance of the carpeting outside the visit web page, De La Rosa sued St.
The Defendants moved for summary judgment on both counts, and the district court granted that motion.
De La Rosa now appeals that ruling.
We agree with the district court and AFFIRM.
We review the district court's grant of summary judgment de novo, applying the same standards as the casino st charles louisiana court.
§ 1333 1 over a tort claim must satisfy conditions both of location and of connection with maritime activity.
Mississippi Riverboat Amusement Corp.
De La Rosa argues, however, that the Supreme Court's recent decision in Stewart v.
However, we did not address whether Stewart overturned Pavone by categorizing indefinitely moored gaming boats as vessels.
We consider casino st charles louisiana question now, and we find that it does not.
In this case, we are satisfied that although the CROWN CASINO was still physically capable of sailing, such a use was merely theoretical.
The evidence presented to the district court reveals that the CROWN CASINO is indefinitely moored to the land by lines tied to steel pilings.
It receives water, telephone lines, sewer lines, cable television and data processing lines from land-based sources.
It has not been used as a seagoing vessel since March 28, 2001, when it was moored at its present casino st charles louisiana on Lake Charles, and the Defendants do not intend to use it as such.
Rather, their intent is to use it solely as an indefinitely moored floating casino.
Its operations are entirely gaming-related, and not maritime in nature.
All of these facts were before the magistrate judge who originally recommended that the court grant Defendants' motion for summary judgment.
They were also before the district judge, who accepted check this out agreed with the magistrate's recommendation.
Now they are before us, and we reach the same conclusion.
The district court's decision to grant Defendant's motion for summary judgment is hereby AFFIRMED.
De La Rosa did not appeal the ruling casino st charles louisiana his negligence claim, so it is not before this Court.
Although the CROWN CASINO was not literally taken out of the water, neither was the floating casino in Pavone, and we therefore consider the Supreme Court's reliance on Pavone to be instructive in this case.
BENAVIDES, Circuit Judge: × Top Headlines Is It Legal?
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