Rhoditis v. Hellenic Lines, Ltd.

Decision Date04 October 1967
Docket NumberNo. 3165.,3165.
Citation273 F. Supp. 248
PartiesZacharias RHODITIS, Libelant, v. HELLENIC LINES, LTD. and Universal Cargo Carriers, Inc., and the SS HELLENIC HERO, her engines, boilers, cargo, tackle, etc., Respondents.
CourtU.S. District Court — Southern District of Alabama

Ross Diamond, Jr., Diamond, Lattof & Favre, Mobile, for libelant.

George F. Wood, Pillans, Reams, Tappan, Wood & Roberts, Mobile Ala., for respondents.

DANIEL HOLCOMBE THOMAS, Chief Judge.

This action is brought by an alien seaman to recover for personal injuries sustained aboard the SS HELLENIC HERO on August 3, 1965, in the Port of New Orleans, Louisiana.

FINDINGS OF FACT

1. Zacharias Rhoditis was a citizen of Greece serving aboard the SS HELLENIC HERO in the capacity of an A/B seaman on August 3, 1965, when he was injured.

2. The SS HELLENIC HERO is owned by Universal Cargo Carriers, Inc., a Panamanian corporation, flies the flag of Greece, and is managed by Hellenic Lines, Ltd., a Greek corporation.

3. Pericles G. Callimanopulos, a citizen of Greece, owns in excess of ninety five (95) per cent of the stock of both corporations.

4. Pericles G. Callimanopulos has resided in this country in excess of twenty (20) years.

5. The principal offices of the Respondents are located at 39 Broadway, New York, New York.

6. The SS HELLENIC HERO, at the time of this accident and continuing until the time of trial, was engaged in a regularly scheduled run between various Gulf ports of the United States and ports in the Middle East. One hundred (100) per cent of this vessel's income was from cargo either originating or terminating in United States ports.

7. The business operation of Respondents is clearly managed and operated from the United States.

8. The Libelant, an illiterate Greek seaman, was injured in the Port of New Orleans, Louisiana, when the SS HELLENIC HERO was being tied up to a dock in said Port.

9. The Libelant was injured as the proximate result of the negligence of the employees of the Respondents and the unseaworthiness of the equipment of the SS HELLENIC HERO. The Respondents offered no evidence in opposition to the claim on its merits.

CONCLUSIONS OF LAW

Following the law announced in Lauritzen v. Larsen, 345 U.S. 571, 73 S. Ct. 921, 97 L.Ed. 1254, it would seem to us that the contacts in this case with this country are quite substantial. The Libelant was injured in the Port of New Orleans, Louisiana, aboard a vessel regularly engaged in a scheduled trade to and from...

To continue reading

Request your trial
4 cases
  • Hellenic Lines Limited v. Rhoditis
    • United States
    • U.S. Supreme Court
    • June 8, 1970
    ...aboard the ship Hellenic Hero in the Port of New Orleans. The District Court, sitting without a jury, rendered judgment for the seaman, 273 F.Supp. 248. The Court of Appeals affirmed, 412 F.2d 919. The case is here on petition for a writ of certiorari which we granted, 396 U.S. 1000, 90 S.C......
  • Papaioannoiu v. Hellenic Lines, Ltd., Civ. A. No. 81-5076.
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • August 24, 1983
    ...found in this litigation, concluded that Hellenic was a Jones Act employer and that the federal District Court in Alabama (273 F.Supp. 248 (S.D.Ala.1967)) as affirmed by the Fifth Circuit, 412 F.2d 919 (5th Cir.1969) was correct in applying United States law, i.e., the Jones Act, to the cas......
  • Hellenic Lines Limited v. Rhoditis
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • July 3, 1969
    ...from this country. Under these facts, I hold that this Court has jurisdiction and that the Jones Act is applicable. cases cited." 273 F.Supp. at 249-250. The court then found that Zacharias' injury was the proximate result of the appellants' negligence and awarded damages in the amount of T......
  • Tsakonites v. Transpacific Carriers Corp., Civ. No. 154-178.
    • United States
    • U.S. District Court — Southern District of New York
    • July 10, 1970
    ...aboard the ship Hellenic Hero in the Port of New Orleans. The District Court, sitting without a jury, rendered judgment for the seaman, 273 F.Supp. 248 249. The Court of Appeals affirmed, 412 F.2d 919. The case is here on petition for a writ of certiorari which we granted, 396 U.S. 1000, 90......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT