Ugarte v. United States Lines, Inc.

OPINION OF THE COURT

Ira Gammerman, J.

Plaintiff, a seaman, instituted this action pursuant to the Jones Act (US Code, tit 46, § 688) to recover damages from an injury allegedly caused by the negligence of defendant (his employer-shipowner) or by defendant’s agents. Defendant moves for summary judgment dismissing the complaint.

Plaintiff claims the following:

On May 23, 1978, between 6:30 and 7:00 p.m., plaintiff left defendant’s ship which was docked at a pier in Bremerhaven, Germany, to go on shore leave. When he returned at approximately 10:00 p.m., railroad cars (presumably spotted earlier…