Justice Margaret A. Chan

Ex-NYPD Harbor Unit member Sagarese sued under General Municipal Law 205-e alleging violations of the Jones Act, and common law negligence for injuries sustained after tripping and falling while working at a harbor launch. New York City moved for dismissal based on the firefighter's rule precluding recovery for injuries sustained in the performance of their duties. While Sagarese was working as a diesel mechanic, he was also a police officer, whose duties were not limited to repairing the boat, injured at work. Sagarese argued he was a seaman as he was a member of the harbor unit working on a NYPD launch docked in the water at the NYPD facility. He claimed he did not need to be engaged in navigation of a vessel to be considered a seaman. The court disagreed, finding the Jones Act inapplicable as Sagarese's duties, while contributing to the function of a seagoing vessel, did not show his connection to the vessel when it was in navigation or how his work exposed him to the “perils of the sea.” As neither the floating dock nor the gangway on which Sagarese fell was part of the vessel, he sustained injuries on land, was not a seaman, and the Jones Act was inapplicable. Claims Jones Act claims were dismissed and negligence claims were barred by the firefighter's rule.