United Fruit Company v. Marine Terminals Corporation

Andrew Navarro, a stevedore, was injured while in the process of discharging a cargo of bananas from the SS LIMON, a vessel owned by appellant United Fruit Company. He recovered a judgment against United Fruit based on a claim of unseaworthiness, which judgment is unchallenged here. United Fruit filed a third party complaint for indemnity against Marine Terminals, the stevedor-ing firm and Navarro’s employer. The district court had jurisdiction of the third party complaint by virtue of diversity of citizenship, 28 U.S.C. § 1332 . From an adverse decision on its claim for indemnity United Fruit appeals to our court, jurisdiction being premised on 28 U.S.C. § 1291 .

On the SS LIMON there is an “access trunkway” into the No. 1 cargo hold. An access trunkway is a shaft, about 36" square, running from the weather deck down to the bottom of the ship, and containing a vertical ladder for moving between the various levels. (Ex. 1-G.) Along the fore and aft sides of this shaft are bulkheads, or metal walls, to prevent cargo from falling into the shaft. The other two sides remain open for access when no cargo is near enough to fall in. When the vessel is loaded, however, wooden boards,…