Reynolds

Invoking the jurisdiction of this court upon the ground of diversity of citizenship, 28 U.S.C. § 1332 , plaintiff has filed a complaint on the “law side” seeking damages for personal injuries alleged to have been sustained while he was working as a longshoreman aboard the SS “Loch Gowan”, then moored at dock in the navigable waters of Los Angeles Harbor.

In one cause of action it is asserted that plaintiff’s injuries and consequent damages were a proximate result of a breach by the defendant shipowner, Royal Mail Lines, Ltd., of its implied warranty under maritime law of the seaworthiness of the SS “Loch Gowan”.

In the other cause of action it is asserted that plaintiff’s injuries and consequent damages were a proximate result of a breach by the defendant shipowner of its duty of ordinary care under the circumstances; and it is alleged that by reason of the same conditions claimed to render the vessel unseaworthy, the shipowner was negligent in failing to maintain the vessel “and its equipment, gear and appliances in a safe * * * condition * * *."

The shipowner has filed a third-party complaint for indemnification against plaintiff's stevedoring employer, Associated Banning…