Wuestewald
Wuestewald v. Foss Maritime Co.
Opinion
Opinion
Zimmerman, J.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Plaintiff seeks damáges under general maritime law and the Jones Act, 46 U.S.C. § 688 , from defendants Foss Maritime Company (“Foss”) and Shore Terminals LLC '(“Shore”) for injuries plaintiff sustained after he fell from a ladder while attempting to access the SAN PEDRO (the “vessel” or “barge”), a barge owned and operated by Foss, from Shore’s dock. Having considered and weighed all the evidence and having assessed the credibility of the witnesses, I now make these findings of fact and conclusions of law as required by Fed.R.Civ.P. 52(a):
I. FINDINGS OF FACT
Plaintiff Paul Wuestewald, sixty years old, has been working in the marine industry for over thirty years, and as a tanker-man for over 20 years. In 1996, he was employed by Foss as a certified tanker-man. As part of his responsibilities, plaintiff loaded and unloaded bunker fuel at various terminals throughout the San Francisco Bay.
On October 16, 2001 Foss owned and operated the SAN PEDRO, a 186 foot-long barge inspected by the Coast Guard pursuant to 46 U.S.C. § 3301 . See Joint Ex. 14. The SAN PEDRO is a “bunker barge" employed to carry cargoes of bunker oil used as fuel for…