Francese v. United States

DOOLING, District Judge.

Defendant has moved to dismiss on jurisdictional grounds a longshoreman’s claim for personal injuries. The complaint alleges that during the loading of a vessel, the S/S EXCELLENCY, at defendant’s Pier 3 in its Brooklyn Army Terminal Base, a draft of allegedly defectively pre-palletized cargo, owned by defendant, fell on plaintiff, who was working on the string piece, as the draft was being lifted aboard on the vessel’s boom. The expressed charge is negligence, and not unseaworthiness, in the pre-palletizing. The action was filed as a Federal Tort Claims Act case under…