Kizer

MEMORANDUM DETERMINING LIMITATION OF LIABILITY

In this case, plaintiff Edward Kizer brought an action in admiralty against PETER KIEWIT SONS’ CO., (herein Kiewit) and Clyde Iron Works, Inc. (herein Clyde), defendants, to recover damages for injuries suffered while working as an oiler on the barge THELMA, which was owned and operated by Kiewit, when he lost his balance and received severe injuries to his hand, which was crushed by a counterweight of a crane aboard the vessel. Plaintiff’s theory of action was based upon negligence of Clyde and Kiewit and upon the theory of product liability against Clyde.

Clyde was in the business of designing, manufacturing and installing dredging cranes in water craft. In 1966, Clyde designed and sold to Kiewit a crane for use in excavation service in dredging projects. The crane essentially performed dredging by a clamshell bucket suspended from a boom by which it was moved laterally and up and down. Cables or tag lines connected the crane through the boom and also to a counterweight installed in a tower. The function of the counterweight was to stabilize the clamshell bucket so that it did not swing from side to side while in operation. When…