Manson Gulf, L.L.C. v. Modern American Recycling Service, Inc.

REAVLEY, Circuit Judge:

Longshoreman James “J.J.” LaFleur fell 50 feet to his death after stepping through a hole in a decommissioned oil platform. The platform sat atop a barge chartered by Manson Gulf, L.L.C., who ordered the hole’s creation but did not cover the hole or warn J.J. of its existence.

JJ.’s spouse alleged negligence on the part of Manson and sought damages. The district court, however, granted summary judgment for Manson, finding no liability under any of the three Scindia duties—the duties a vessel owner owes to a longshoreman. Because we conclude a fact issue precluded summary…