Salvato
Salvato v. Hakko Maritime Corp.
Opinion
Opinion
Vukasin, J.
ORDER GRANTING DEFENDANT HAK-KO MARITIME CORPORATION’S MOTION FOR SUMMARY JUDGMENT
Defendant Hakko Maritime Corporation’s (hereinafter “Hakko”) Motion for Summary Judgment is hereby GRANTED.
BACKGROUND
Plaintiff Michael Salvato (hereinafter “Salvato”) was working as a longshoreman clerk-supervisor on the M/V EMERALD HIGHWAY, a car carrier operated by Hak-ko, when he tripped on a “lashing padeye” which was affixed to the deck of the vessel. The padeyes are used to tied down the cars while in ocean transit. Salvato alleges that, as a result of the fall, he had to have back surgery.
Salvato’s injury occurred while the steve-doring operation was under way. According to his deposition testimony, Salvato was working on a deck which had protruding padeyes. (Salvato depo., 39:15-40:2). Sal-vato was moving about the deck, checking for damage to the cars as they were being unloaded. (Salvato depo., 18:11-19:12). Salvato further testified that he was watching one car in particular because he suspected that it might be damaged. (Salvato depo., 56:4-10, 62:19-25). Although the ship was a “beehive” of activity as the stevedore crew attempted to unload the vessel on a rushed schedule…