De Monte v. Shipping Corp. of India, Ltd.

OPINION

MacMAHON, District Judge.

This is an action under general maritime law for damages resulting from personal injury. Defendant moved for summary judgment under Rule 56, Fed.R.Civ.P., and the third-party defendant moves for dismissal of plaintiff’s complaint. Since third-party defendant relies on matters outside the pleadings, we will treat its motion as one for summary judgment. The moving papers raise no issues as to any material fact. The case is thus appropriate for summary judgment.

Plaintiff longshoreman, an employee of Pittston Stevedoring Company (“Pittston”), was allegedly injured…