Metro MacHine Corp. v. Mizenko

In this case, we decide whether an injured worker was the borrowed servant of the defendant and, if so, whether that fact precludes his federal maritime law negligence claim against the defendant.

Michael Mizenko, a skilled laborer, was employed by Abacus Temporary Services (Abacus), a company that had contracted to supply Metro Machine Corporation (Metro) with skilled labor on request. Pursuant to its contract, Abacus sent Mizenko to work for Metro in the performance of Metro’s contract for the “multi-faceted overhaul and repair” of the USS COMPTE DE GRASSE, a naval vessel afloat in the…