Apodoca v. Schiffahrtsgesellschaft De Vries & Co.

Plaintiff longshoreman appeals from a summary judgment entered in favor of defendant charterer, respondent herein. On March 4,1959, while the vessel M. S. Samundar was unloading cargo at the Port of Oakland, a sling broke and caused wire bales to fall upon and injure appellant. The unloading operation was being conducted by Marine Terminals, Inc., which was an independent contractor and appellant’s employer. The sole business of the M.S. Samundar in the San Francisco Bay area was to discharge its cargo.

Electing to proceed against other than his employer, pursuant to the Longshoreman’s and…