Sharp v. Noble Drilling Corp
Sharp v. Noble Drilling Corp
Opinion
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-20451 Summary Calendar
STEPHEN PAUL SHARP; JACOB BRYAN SHARP, Plaintiffs,
STEPHEN PAUL SHARP, Plaintiff-Appellant,
versus
NOBLE DRILLING CORPORATION, ET AL., Defendants,
NOBLE DRILLING CORPORATION, ET AL., Defendants-Appellees.
Appeal from the United States District Court for the Southern District of Texas (H-95-CV-5215)
January 23, 1998
Before POLITZ, Chief Judge, HIGGINBOTHAM and PARKER, Circuit Judges. PER CURIAM:*
Stephen Paul Sharp and Jacob Ryan Sharp, adult children of Roger Alan
Sharp who was killed in an accident on November 14, 1994, while employed by
Noble Offshore Corporation on an offshore drilling rig near the coast of Nigeria,
appeal an adverse summary judgment dismissing their Jones Act,
46 U.S.C. § 688,
and individual survivorship claims under
45 U.S.C. § 59. The trial court held that
despite his claims to the contrary, Stephen Paul Sharp was not the properly
constituted personal representative of the deceased and, as a consequence, had no
standing to bring the subject action. The court à quo also found that neither
appellant had the requisite standing to bring an individual action under
45 U.S.C. § 59.
We concur with the essentially uncontested findings by the district court and,
based on the authorities cited and analysis made in the trial court’s carefully
considered and scholarly Memorandum and Order signed July 3, 1996 and entered
of record on July 5, 1996, we AFFIRM.
* Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
2
Reference
- Status
- Unpublished