McNaughton
McNaughton v. Exxon Shipping Co.
Opinion
Opinion
Jensen, J.
ORDER
On March 25, 1992, this Court heard defendant’s motion for''summary judgment. At the hearing, Martin Jarvis of Kopp & DiFranco appeared for plaintiffs and Mark Kasanin of McCutchen, Doyle, Brown, & Enersen appeared for defendant. Having considered the papers submitted, the arguments of counsel, the applicable law, and the entire record herein, the Court GRANTS defendant’s motion for summary judgment.
I. BACKGROUND
This is an action arising from a slip-and-fall incident aboard an Exxon oil-tanker, a ship owned by Exxon Shipping Company (“ESC”). Plaintiff alleges that he sustained injuries aboard defendant Exxon’s tanker, the North Slope, while he was employed as the Chief Pumpman. On July 19, 1989 the North Slope was lightering its cargo of crude oil onto a smaller vessel in San Francisco Bay. During this transfer, plaintiff claims that he slipped, fell, and was injured. The plaintiff attributes two factors to the cause of his fall: (1) his insecure footing related to the presence of coils of line improperly left on the deck beneath his feet, and (2) the absence of the proper non-skid paint on the steel deck.