Whittington v. Sewer Construction Company, Inc.

MEMORANDUM ORDER

K. K. HALL, District Judge.

This action is before the Court at this time on defendant’s motion to dismiss. Plaintiff’s complaint asserts that the action is within the Court’s admiralty and maritime jurisdiction. Defendant’s motion denies admiralty jurisdiction exists. Examination of the record is warranted.

Plaintiff, Lawrence Whittington, age 50 years, was injured when he fell from a winch line swinging beneath the Washington Street bridge at Charleston, West Virginia, onto a barge moored on Elk River beneath the bridge. Defendant does not question the allegation that the Elk…