Clark v. Symonette Shipyards, Ltd.

Citation330 F.2d 554
Decision Date21 April 1964
Docket NumberNo. 20734.,20734.
PartiesLee CLARK, A minor by his father and natural guardian, Carl B. Clark, et al., Appellants, v. SYMONETTE SHIPYARDS, LTD., Appellee. SYMONETTE SHIPYARDS, LTD., Appellant, v. Lee CLARK, A minor by his father and natural guardian, Carl B. Clark, et al., Appellees.
CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)

Arthur Roth, Miami, Fla., for appellants.

W. F. Parker, Miami, Fla., for appellee.

Before TUTTLE, Chief Judge, and PHILLIPS* and JONES, Circuit Judges.

TUTTLE, Chief Judge.

This is an appeal of the consolidated cases of an injured person and the personal representative of a deceased person from an adverse judgment by the trial court in admiralty holding that the ship on which they were injured was not unseaworthy, and holding further that their injuries were caused solely by their own negligence, and that they were thus not entitled to recover. The trial court allowed the injured person a recovery of $1,000 for maintenance and cure and allowed the personal representative of the deceased person the sum of $1250 for funeral expenses. These allowances are the subject of a cross appeal by the Symonette Shipyards, Ltd.

Although the record, as it comes to us, is greatly complicated by the fact that here were at least three actions by each of two persons on varying theories of liability, and that there were four amended complaints filed before the case terminated, the issues finally come within a fairly simple compass. The issue is: Were these appellants seamen, at least to the extent that they were protected by the doctrine of unseaworthiness, and, if so, was the trial court's finding that the death and injury complained of were solely caused by the negligence of the individuals and not by the events preceding it, which the trial court found to be palpably negligent, clearly erroneous?

The facts necessary to be stated in order to pose the issues accurately are as follows: Lee Clark, a minor, and Albert Zannino were two of six men who were employees of one Wilson who had a contract to erect certain petroleum product tanks in Haiti. Wilson arranged for the transportation of the tanks together with the necessary equipment to be used in their erection on a landing craft owned by Symonette Shipyards, Ltd. As a part of the agreement of transportation Symonette, acting through its proper representative, agreed with Wilson to transport the six men with the understanding that in order to comply with the laws of the Bahamas the men would have to be signed on as if they were members of the crew, although it was agreed that they should perform no duties for the ship. This subterfuge was to obviate the penalty that the ship would be subjected to if it carried passengers, since under the Bahama regulations it was not permitted to land with passengers. Included in the equipment put on board was a large crane, which both Wilson and the ship's captain understood was to be used by Wilson's men, including Zannino and Clark, to unload the ship when it arrived at its destination. Following a stop at Nassau for the unloading of cargo, one Ryder, who had been designated by Wilson as being in charge of the Wilson group, caused several of his group to attach an additional length of boom to the boom of the crane. In order to do this it became necessary for the men to add length to the cable that held up the boom, which, of course, in turn held the cable that would be attached to the cargo for use. In order to lengthen this cable, the men, including Zannino and Clark, under Ryder's supervision, simply placed the ends of the two pieces of cable together and clamped them in a manner that a pull on either end of the cable would tend to cause them to separate. There was no loop made with the brackets or clamps fastened over the turned-back ends of the loop.

All concede, and the trial court found, that the splicing was done in a manner which no one knowing anything about such an operation would countenance. Neither Zannino nor Clark had any special knowledge or skill in splicing cables. Thereafter, after the splice was tested by lifting against a cleat on the deck of the vessel, the crane was used to lift a hand truck. Zannino and Clark were on the deck from which the truck had been lifted and when a part fell off of it they jumped under the truck to recover the part, at which time the splice parted, the boom fell and the truck fell on the two men, killing Zannino and injuring Clark.

There is a slight dispute in the testimony as to whether the boom was to be used for the benefit of the vessel to change the trim of the ship. The master stated that the boom was being worked on solely for the benefit of Wilson and he, as master, had no concern in it, where as Clark testified that the master wished to have the cargo moved on account of expected foul weather. There is further conflict in the testimony as to whether the six men did any work for the ship while on board. We find it unnecessary to resolve either of these conflicts. The trial court did not resolve them.

The trial court dismissed the appellant's count for unseaworthiness, presumably on the ground that it was determined that the men were not actual members of the crew since it was fully...

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3 cases
  • Moragne v. State Marine Lines, Inc.
    • United States
    • Florida Supreme Court
    • May 29, 1968
    ...to prevent their injury by any part of the vessel or equipment used in the ordinary course of their employment. Clark v. Symonette Shipyards, Ltd., 330 F.2d 554 (C.A.5 1964). It contemplates 'liability without fault', Mahnich v. Southern S.S. Co., 321 U.S. 96, 64 S.Ct. 455, 88 L.Ed. 561 (19......
  • Garcia v. Queen, Ltd.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • November 13, 1973
    ...1349, 10 L.Ed. 2d 448, and Seas Shipping Co. v. Sieracki, 1946, 328 U.S. 85, 66 S.Ct. 872, 90 L.Ed. 1099. See Clark v. Symonette Shipyards, Ltd., 5 Cir.1964, 330 F.2d 554. Under the Yaka approach, Garcia could recover only provided that the vessel aboard which he was injured was in navigati......
  • Bodden v. Coordinated Caribbean Transport, Inc., 23373.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • November 21, 1966
    ...Alexandroff, 1902, 183 U.S. 424, 22 S.Ct. 195, 46 L.Ed. 264; The Ida G. Farren, E.D.N.C., 1904, 127 F. 766; Cf. Clark v. Symonette Shipyards, Ltd., 5 Cir., 1964, 330 F.2d 554, and see also 46 U.S.C.A. §§ 564 and 567 on the requirement for shipping But the mere fact that appellant was under ......

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