Summary Judgment Affirmed Against Longshoreman With Respect To Gap Between Cargo That Caused Injury
SANDERS COLEMAN, III VERSUS M/V ORHAN EKINCI, VAKIF DENIZFINANSAL, HYUNDAI MERCHANT MARINE (AMERICA), INC., AND ABC INSURANCE COMPANY
CIVIL ACTION NO. 02-3599 SECTION "T" (4)
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OFLOUISIANA
2005 U.S. Dist. LEXIS 5513
March 22, 2005, Decided
March 22, 2005, Filed
PROCEDURAL POSTURE: Plaintiffs, a longshoreman and, apparently, his wife, sued defendants, a vessel owner and a time charterer, under § 905(b) of the Longshore and Harbor Workers' Compensation Act (LHWCA) to recover for losses that resulted when the longshoreman was injured while assisting with the discharge of cargo from the owner's vessel. Defendants moved for summary judgment.
OVERVIEW: The longshoreman was injured when he fell through material know as doorskin that covered a gap between stacks of cargo, apparently after it had been torn loose from some cargo. Plaintiffs argued that defendants were liable for plaintiff's losses under § 905(b) of the LHWCA because defendants failed to fulfill their Scindia duties with respect to the vessel and cargo. Defendants were entitled to summary judgment. The Scindia duties applied not only to the vessel owner but also to the time charterer because the condition of the cargo caused the accident. However, defendants did not violate any of those duties. Defendants turned over a safe ship, as the stevedores inspected the vessel before taking control of it and unloading operations had been going on for two days before the accident occurred. Defendants were not in active control of the ship when the accident occurred. And, there was no evidence that defendants should or even could have known of the hazard posed by the torn doorskin. Plaintiffs offered only speculation about how the hazard was created and that defendants knew or should have know about it.
OUTCOME: The court granted defendants summary judgment.
