Tarabocchia v. Zim Israel Navigation Co.
Court of Appeals for the Second Circuit
1Per curiam
Plaintiff, an employee of John W. McGrath Corp., stevedores, was injured while engaged in an unloading operation from the M/V Beersheva, a vessel owned by Zim Israel Navigation Co. The accident occurred when a loading platform on which plaintiff and a coworker were standing suddenly became dislodged causing plaintiff to fall. The Trial Court found that the platform was not an appurtenance of the vessel and that the cargo sling being used in the unloading operation did not render the vessel unseaworthy. Liability was premised upon the theory that an act of plaintiff’s co-worker caused the…
2Cases cited17 opinions
- Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
- Mitchell v. Trawler Racer, Inc.Supreme Court of the United States · 1960
- Mahnich v. Southern Steamship Co.Supreme Court of the United States · 1944
- Crumady v. the Joachim Hendrik FisserSupreme Court of the United States · 1959
- Gutierrez v. Waterman Steamship Corp.Supreme Court of the United States · 1963
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3Cited by4 opinions
- Siderewicz v. Enso-Gutzeit O/YCourt of Appeals for the Second Circuit · 1972
- Mario Tarabocchia, Plaintiff-Appellee-Appellant v. Zim Israel Navigation Co., Ltd., and Third-Party Plaintiff-Appellant-Appellee v. John W. McGrath Corp., Third-PartyCourt of Appeals for the Second Circuit · 1971
- Robert Siderewicz v. Enso-Gutzeit O/y, Finn Lines, Ltd., O/y, and Boise-Griffin Steamship Co., Inc., and Third-Party v. Connecticut Terminal Co., Inc., Third-PartyCourt of Appeals for the Second Circuit · 1972
- Virgona v. Farrell Lines Inc.District Court, S.D. New York · 1973