Viator v. Hellenic Lines, Ltd., Civ. A. No. B-80-463-CA.
| Citation | 558 F. Supp. 700 |
| Decision Date | 14 March 1983 |
| Docket Number | Civ. A. No. B-80-463-CA. |
| Court | U.S. District Court — Eastern District of Texas |
| Parties | Robert Lee VIATOR v. HELLENIC LINES, LTD. |
Carl Waldman, Waldman & Smallwood, Beaumont, Tex., for plaintiff.
Louis Beard, Wells, Peyton, Duncan, Beard, Greenberg, Hunt & Crawford, Beaumont, Tex., for defendant.
Robert A. Black, Mehaffy, Weber, Keith & Gonsoulin, Beaumont, Tex., for intervenor.
Plaintiff, Robert Lee Viator, brought this action against Defendant Hellenic Lines, Ltd., pursuant to the Longshoremen's and Harbor Workers Compensation Act, 33 U.S.C. § 905(b). Atlantic and Gulf Stevedores, Inc., (Intervenor), who was the Plaintiff's employer at all times relevant to this action, intervened, seeking to recover compensation payments made to the Plaintiff in accordance with the Act. All of these parties are properly before the Court, and jurisdiction is uncontested.
On August 11, 1979, the Plaintiff was a member of the Atlantic and Gulf Stevedores' gang assigned to load the No. 1 hold of the SS HELLENIC CARRIER. The HELLENIC CARRIER was owned and operated by Hellenic Lines, Ltd., the Defendant herein. This vessel was equipped with two hydraulic winches for the No. 1 hold. These winches will be hereafter referred to as the port winch and the starboard winch. The port and starboard winches are linked to a center operational console by two connecting rods, one extending from each of the winches to the center console. When these connections are in proper working order, both winches can be operated by one man at the center console.
Before commencing loading operations, two of the Intervenor's employees inspected the cargo loading gear aboard the HELLENIC CARRIER. Upon this inspection, it was learned that the port winch could not be operated from the center console because the connecting rod was unattached to the center console. Hence, a winch operator was required for each of the two winches. Atlantic and Gulf Stevedores then requested that two operators be assigned to the winches. Defendant did not object to this request.
Loading operations in the No. 1 hold then began at around 7:00 a.m. and the Plaintiff was assigned to operate the defective port winch. In an attempt to gain greater leverage and thus make the port winch easier to operate, the Plaintiff began operating the port winch by using the unattached connecting rod. The work was still difficult, and the Plaintiff complained to Vergil Gill, his foreman, that the port winch was difficult to operate and that the connecting rod needed to be fixed, so that the winch could be safely operated from the center console. Mr. Gill immediately brought the defect to the attention of the HELLENIC CARRIER'S Chief Mate. The Chief Mate examined the winch and said that he could not fix it.
Maintenance and repair of the winch was the sole responsibility of the ship's crew and thus of the Defendant. The Chief Mate did not order one of the ship's maintenance crew to examine or repair the winch.
The Plaintiff recommenced loading the flour, but with the same difficulties. He complained again. Even after a second complaint, the Chief Mate did not order the winch examined or repaired. The Defendant's own expert witness, Captain Grace, acknowledged that the Chief Mate should have ordered the winch repaired or stopped operation of the winch. The Chief Mate did neither.
After this second complaint to the Chief Mate, Mr. Viator recommenced loading the flour. At approximately 8:45 a.m., the universal joint connecting the connecting rod to the winch broke, causing Mr. Viator to fall backwards and trip over a cable on the winch deck. He fell on his back, and suffered the injuries complained of.
The cable upon which Mr. Viator tripped was not stowed properly. The crew of the SS HELLENIC CARRIER was responsible for the proper stowing of the cable. The presence of the cable on...
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