Helmstetter v. Lykes Bros. Steamship Co.

SCHOTT, Chief Judge.

This is a suit for personal injuries sustained by plaintiff when he was performing dockside repairs on a ship owned by defendant, Lykes Brothers Steamship Company, Inc. The claim was made under the Long-shore and Harbor Workers’ Compensation Act (LHWCA) 33 U.S.C. § 905(b). The trial court dismissed the claim of plaintiff and his employer’s insurer, Aetna Casualty & Surety, which intervened to recover benefits it paid plaintiff. The central issue on appeal is whether the trial court judgment finding no negligence on the part of defendant is clearly wrong.

Plaintiff was…