KING A. MCCULLUM, PLAINTIFF-APPELLANT,
v.
UNITED INTERNATIONAL CORPORATION AND HAMILTON TRANSPORT CO., DEFENDANTS-APPELLEES, AND AMERICAN BULK LOADING ENTERPRISES, INC., A CORPORATION, THIRD-PARTY DEFENDANT-APPELLEE

9th Cir. | 1974-03-11
No. 72-1857
493 F.2d 501 United States Court of Appeals for the Ninth Circuit (1974) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

Admiralty jurisdiction does not extend to injuries sustained by a longshoreman on the pier due to faulty or improperly operated pier-based equipment.


Facts & Procedural History

A longshoreman was injured on the pier by falling cargo from a shore-based crane while unloading the defendant's ship. The plaintiff sued in admiralty…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM:

PER CURIAM:

The admiralty jurisdiction of the district court is in question on this appeal. The plaintiff-appellant was a longshoreman, employed by a stevedore company when he was injured on the pier in the course of unloading the defendant’s ship. Due either to a malfunction of a shore-based crane or to its improper operation by a fellow stevedore, a piece of cargo fell from the crane and struck the plaintiff as the crane swung from the ship to the deposit area on the pier. The plaintiff sued in admiralty, alleging that the defendant was negligent and its ship unseaworthy. The district court granted summary judgment in favor of the defendant and the plaintiff appeals.

Federal admiralty jurisdiction [28 U.S.C. § 1333; 46 U.S.C. § 740] does not extend to injuries to stevedores on the pier caused by faulty or improperly operated pier-based equipment. Compare Victory Carriers, Inc. v. Law, 404 U.S. 202, 92 S.Ct. 418, 30 L.Ed.2d 383 (1971); Chagois v. Lykes Bros. Steamship Co., 457 F. 2d 343 (5th Cir. 1972); and Snydor v. Villain & Fassio, etc., 459 F. 2d 365 (4th Cir. 1972) with Gutierrez v. Waterman Steamship Corp., 373 U.S. 206, 83 S.Ct. 1185, 10 L.Ed.2d 297 (1963). We conclude, therefore, that plaintiff’s complaint did not state a claim of which the district court had jurisdiction.

The judgment of the district court is vacated, and the cause remanded with instructions to dismiss for lack of subject matter jurisdiction.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw