Lauro De Los Santos v. Scindia Steam Navigation Co., Ltd., Seattle Stevedore Co., Intervenor

DUNIWAY, Circuit Judge:

Several 50 pound sacks of grain tumbled off a pallet, severely injuring appellant longshoreman Lauro De Los Santos, who was working in a ship’s hold. Santos sued appellee shipowner Scindia Steam Navigation Co. (“Scindia”), alleging that the accident had occurred because the shipowner had negligently failed to repair the winch by means of which the pallet was lowered into the hold. The district court granted the shipowner’s motion for summary judgment. Its opinion is reported at 1976 A.M.C. 2583. We reverse.

I. The Facts.

Stated in the light most favorable to Santos,…