Sanisidro v. Dampskisselskabet Torm, A/S

OPINION

HIGGINBOTHAM, District Judge.

This is an action by a Spanish seaman for damages, unpaid wages and penalties arising out of injuries allegedly sustained while plaintiff was on board the Motorship ALICE TORM, on which he was employed as a seaman. The accident occurred while the vessel was berthed at the port of Philadelphia, on March 20, 1967.

Defendant has moved for summary judgment as to Counts 1, 3 and 4. For the following reasons the motions must be denied.

1. As to Count 1, defendant, citing Romero v. International Terminal Operating Co., 358 U.S. 354, 381-384, 79 S.Ct. 468, 485-486, 3…