Wuestewald

Wuestewald v. Foss Maritime Co.

Good Law
319 F. Supp. 2d 1002·2004 WL 1171709·2004 A.M.C. 2478·2004 U.S. Dist. LEXIS 9521
United States District Court, Northern District of CaliforniaMay 11, 2004C 02-3002 BZCalifornia4,031 words

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…

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