Stevedoring Services of America v. Prudential Lines, Inc.

Plaintiff Stevedoring Services of America appeals from a judgment of dismissal entered after the trial court sustained defendant Prudential Lines’s demurrer to the first amended complaint without leave to amend. The demurrer asserted that the action was barred by the statute of limitations or, alternatively, laches. We affirm.

Facts

On July 2, 1978, James Spright, a longshoreman, was injured while working on defendant’s vessel, th& Prudential Oceanjet, while it was docked in Long Beach Harbor. Spright was employed at the time by plaintiff’s predecessor in interest, Crescent Wharf and Warehouse Company (hereinafter plaintiff). As a result of the injury, plaintiff paid worker’s compensation benefits to Spright under the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA or Act). ( 33 U.S.C. § 901 et seq.)

On June 29, 1979, Spright filed a complaint for personal injuries against defendant. Plaintiff received a copy of this complaint less than a year later, on March 3, 1980.

On January 21, 1983, the United States Department of Labor issued a “Compensation Order” representing final disposition of Spright’s claim against plaintiff under the LHWCA. At the time this…