Dionisio Martinez and Maria Julia Davila v. Sea Land Services, Inc.

BREYER, Circuit Judge.

Plaintiff, an ordinary seaman on the SS Boston, sued the ship’s owners, claiming (insofar as here relevant) that the ship’s “unseaworthiness” caused him to injure his back. The defendant moved for summary judgment. For purposes of deciding that motion, the district court, 589 F.Supp. 844, found

While plaintiff was carrying two boxes of soft drinks from the main deck to the slop chest of the ship, the boxes slipped because the plastic sleeve on one of the boxes was loose. Plaintiff tried to prevent the boxes from falling and twisted his back.

The court nonetheless granted…