Brunetti v. Cape Canaveral Shipping Co., SA

LASKER, District Judge.

Peter Brunetti, a longshoreman, filed suit on October 12, 1976, seeking damages for personal injuries sustained on February 2, 1974 while he was working aboard a ship owned by defendant Cape Canaveral Shipping Company, S.A. (“Canaveral”). Canaveral moves for summary judgment dismissing the complaint on the ground that suit is barred under the assignment provision of the Longshoremen’s and Harbor Workers’ Compensation Act (the “Act”), 44 Stat. 1424, as amended, 33 U.S.C. § 901 et seq. Section 33(b) of the Act provides:

“Acceptance of [workers’] compensation under an award…