Fernando Davila v. S.S. Vercharmian, Her Engines, Etc., in Rem, and Vergottis Ltd., as Owner, in Personam

By libel in the District Court, crewman Fernando Davila sought damages of his ship, the SS Vercharmian, her owner and agent to recover damages for injuries suffered on July 26, 1960 when he inadvertently stepped into a forecastle hatch while at sea en route Hampton Roads, Virginia. Recovery is predicated on charges of unseaworthiness of the Ver-charmian and, particularly, of her boatswain’s negligence in not warning Davila that the hatch was open. Also included were claims for maintenance and statutory penalties for “waiting time” — delay in payment of wages. 46 U.S.C. §§ 596, 597.

The…