Ralph Billeci v. United States of America, and California Stevedore and Ballast Company, Appellee-Impleaded

Appellant, longshoreman employed by appellee-impleaded, instituted this libel against appellee, the owner and operator of USNS General Hugh J. Gaffey, for personal injuries sustained on November 29, 1958, when appellant was struck by a falling hatch board while performing unloading operations aboard the vessel. The libel was dismissed, the trial court holding that the crew of the General Gaffey was not negligent and that the vessel was seaworthy. Having reached this conclusion it was unnecessary to determine whether appellee would be entitled to indemnification from appellee-impleaded. The opinion of the trial court is reported at 185 F.Supp. 711 and contains a full statement of the facts relevant to this appeal.

Appellant was a member of a crew of stevedores and about 8:30 A.M. moved to hatch No. 5, where the crew was engaged in removing hatch covers from the various deck levels preliminary to discharge of the cargo. About 9:55 A.M. appellant had just attached a hatch section to the removal apparatus and was standing on the port side aft of the hatch, waiting for the section to clear the hold. The starboard winch fell out of gear and became free-wheeling, causing the hatch…