Lee McKinney v. United States of America and Puget Sound Bridge and Dry Dock Company, Now Known as Lockheed Shipbuilding & Dry Dock Company

The appellants, as libelants, brought suit against the United States in the court below seeking recovery for injuries received by the appellant Lee McKinney while working upon a fabricated portion of a ship which was prepared for insertion as the mid-body section of a navy ship. Jurisdiction was based upon the provisions of the Public Vessels Act, 46 U.S.C. § 781 et seq. The ship in question was being modernized, renovated and' converted so as to increase its carrying capacity by cutting the whole in two, removing the mid-body section, and inserting a new mid-body section which had been separately prefabricated. It was while working in this new mid-body section that McKinney received the injuries here complained of.

At the time of the accident McKinney was employed by Lockheed Shipbuilding and Construction Company, an independent contractor, which operated a shipbuilding and repair facility. He was solely and exclusively subject to the supervision of Lockheed supervisory personnel in the performance of his duties. No naval personnel issued any orders or directions to McKinney relating to the manner of the performance of his work or to the safety precautions which should be…