Sarjeant

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JAMES SARJEANT, et al., Case No. 24-cv-01216-VC

Plaintiffs,

ORDER GRANTING IN PART,

v. DENYING IN PART HERRICK STEEL'S MOTION FOR SUMMARY FOSTER WHEELER LLC, et al., JUDGMENT Defendants. Re: Dkt. No. 212

The motion is granted in part and denied in part. This ruling assumes the reader’s familiarity with the facts, governing legal standards, and arguments made by the parties. 1. The motion is denied on the negligence claim. An essential fact in Sarjeant’s claim is whether he was around Herrick workers, who indisputably performed bulkhead removal and deck installation on at least the upper decks. Whether there is a genuine dispute of material fact here depends on whether Sarjeant’s September 9 deposition testimony is a sham because it contradicted his earlier May 2 deposition testimony. At his May 2 deposition, Sarjeant testified that he was “always” assigned to work in the engine room. Dkt. No. 211-3 at 91. When asked whether he was “assigned to do fire watch anywhere else on the ship,” he answered, “No.” Id. at 102. In his September 9 deposition, Sarjeant…