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Jason Leigh v. National Aeronautics and Space Administration, and United States of America, Martin Marietta Corp.
Citations: 860 F.2d 652; 1988 U.S. App. LEXIS 16006; 1988 WL 118681Docket: 87-3698
Court: Court of Appeals for the Fifth Circuit; November 28, 1988; Federal Appellate Court
Jason Leigh appealed the dismissal of his personal injury claims against the United States and Martin Marietta Corporation (MMC), his employer, following a workplace injury while testing equipment for NASA. The district court ruled that the United States was Leigh's statutory employer under Louisiana law, thus limiting his remedies to Worker’s Compensation. It also dismissed Leigh's claims against MMC due to lack of diversity of citizenship. The Fifth Circuit affirmed the dismissal against the United States, citing precedent that the change in Louisiana law did not affect the statutory employer definition applicable to government entities. The court determined that Leigh's work was integral to the United States' business, as it was performed under a contract fulfilling a statutory mandate. However, the court reversed the dismissal of Leigh's claim against MMC, allowing that portion to proceed. The district court's dismissal of Leigh's claims against MMC is reversed. Leigh, a resident of Jefferson Parish, Louisiana, claimed that MMC is a foreign corporation based in Bethesda, Maryland, a fact admitted by MMC. Under 28 U.S.C. Sec. 1332(c), a corporation has citizenship in both the state of incorporation and the state of its principal place of business. Leigh's allegations only established one of these states, which is insufficient to prove diversity jurisdiction. Despite this, since neither party questioned diversity jurisdiction and the record does not indicate its absence, Leigh should be allowed to amend his complaint for a clearer assertion of jurisdiction. The judgment favoring the United States is affirmed, while the dismissal of Leigh's suit against MMC is reversed and remanded for further proceedings. Additionally, Section 23:1061 establishes that a principal is liable to pay compensation to employees engaged in work contracted out, as if they were directly employed by the principal.