Hertel v. American Export Lines, Inc.

WEINFELD, District Judge.

The plaintiff, a longshoreman injured! aboard a vessel owned by his employer,, seeks by his amended complaint to recover damages upon two claims:(1) breach of warranty of seaworthiness, and(2) negligence under the Jones Act. He now moves to strike as legally insufficient the defense interposed by the employer shipowner that plaintiff’s sole and exclusive remedy is under the Longshoremen's and Harbor Workers’ Compensation Act, 1 and that it duly complied with the provisions thereof, pursuant to which payments have been and are still being made to plaintiff. The Court…