Liberty Mutual Insurance v. United States

WEINFELD, District Judge.

The defendant, appearing specially, moves to dismiss the complaint on the grounds that: (1) the suit is cognizable only in admiralty; (2) the suit is time barred; and (3) the suit is for a penalty not recoverable against the Government since it has not waived sovereign immunity with respect to suits for penalties.

The complaint alleges that: the plaintiff was the workmen’s compensation insurance carrier for the Imparato Stevedoring Corporation; on March 16, 1952, one Leo Migliori, an employee of Imparato, was fatally injured in the course of his employment on Pier 13…