John E. King v. Alaska Steamship Company

The issue here before us is whether a state statute of limitations or the admiralty doctrine of laches governs in a diversity suit to recover damages for injuries resulting from a maritime tort, the plaintiff having demanded a jury.

The district court held that the statute of limitations applies and granted defendant’s motion for summary judgment dismissing the action. Plaintiff appeals. We reverse.

The following facts were established for the purpose of the motion for summary judgment. On March 27, 1964, plaintiff John E. King was employed as a longshoreman aboard the vessel SS CHENA. This vessel, owned and operated by defendant Alaska Steamship Company, was then at Valdez, Alaska, on navigable territorial waters of the state of Alaska.

Due to the negligence of company personnel, certain steel pontoons stowed aboard the vessel were not properly secured. Also, failure to secure the pontoons rendered the SS CHENA unsea-worthy. An earthquake and resulting tidal action caused the vessel to roll and pitch in such a manner that the unsecured pontoons fell through an open hatch into the hold below, where plaintiff was working, causing the injuries in question.

In his complaint…