Standard Fruit & Steamship Co. v. Metropolitan Stevedore Co.

Standard Fruit & Steamship Company (Standard) chartered the M. V Nordland, a vessel owned by F. M. Baltic Frigomaris (Baltic) to haul a cargo of bananas to the Port of Long Beach. When the vessel docked, Standard contracted with Metropolitan Stevedore Co. (Metropolitan) for the latter to conduct the discharging of the cargo. During the unloading process a box fell from the deck of the ship striking and injuring one Trujillo, a longshoreman who was an employee of Metropolitan engaged in the work of unloading.

The federal Longshoremen and Harbor Workers Act (the Act) 33 United States Code Annotated section 901 et seq. [ 33 U.S.C.S. § 901 et seq.], provides workmen’s compensation benefits to the injured employee. As is the general rule with such benefits they constitute Trujillo’s exclusive remedy as against his employer, Metropolitan. ( 33 U.S.C.A. § 905 [ 33 U.S.C.S. § 905 ].)

Trujillo, however, commenced an action for negligence against Baltic alleging among other things that Baltic owned and was operating a defective conveyor at the time of the accident and that the injury resulted from such operation. Baltic filed its cross-complaint for indemnity against Standard…