Dock Owner Did Not Have A Duty To Provide Seaman With Safe Access To The Dock From A Barge
PAUL WUESTEWALD, Plaintiff(s), v. FOSS MARITIME COMPANY,SHORE TERMINALS LLC, Defendant(s).
Case No. C02-03002 BZ
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
2004 U.S. Dist. LEXIS 9521
May 11, 2004, Decided
May 11, 2004, Filed, Entered in Civil Docket
PROCEDURAL POSTURE: Plaintiff tankerman sued defendants, his employer and the owner of a dock, seeking damages under general maritime law and the Jones Act, 46 U.S.C.S. ยง 688, for injuries the tankerman sustained after he fell from a ladder while attempting to access a barge owned and operated by his employer, from the dock owner's dock.
OVERVIEW: The tide on the evening of the tankerman's injury was extremely low. Consistent with his customary practice of accessing the dock, the tankerman braced the bottom of an aluminum ladder inside the side of the coaming facing the dock and leaned the ladder against the dock. The court held that there was no suitable place against which to brace the ladder or to tie off the ladder at either end. When he placed his right foot on the rung the ladder slipped from the bottom, causing him to fall approximately nine to 12 feet to the deck of the barge. The employer was aware of the customary use of ladders to access the docks, but never investigated conditions affecting dock accessibility or verified the feasibility of following its own ladder safety guidelines. The court declined to fault the tankerman for failing to employ many of the employer's suggested alternatives, the majority of which were not included in the employer's safety manual. The employer was negligent by failing to provide the tankerman with a safe means of access to and from the dock. The dock owner, however, did not have a duty to assist the tankerman or provide a safe means for accessing its dock from the barge.
OUTCOME: Having concluded that the employer was negligent and failed to provide a seaworthy vessel, the court awarded the tankerman damages. The tankerman's claim against the dock was dismissed.
