Palmer v. Apex Marine Corp.

ORDER GRANTING SUMMARY JUDGMENT

BEEKS, District Judge.

For the purposes of this motion, all the facts alleged by plaintiff are considered proven. Plaintiff Palmer sued Apex, the operator of the BEAVER STATE, a tanker, for injuries to his finger suffered in a fight with Michael Brown, a fellow crew member. Palmer joined the BEAVER STATE in early August, 1979. He socialized with Brown before and after reporting to the vessel, and has testified that Brown was likeable, that he had no problems with Brown before or after the fight, and that he did not know anyone who had problems with Brown.

Palmer…