Peter Stechcon, Jr. v. United States

In his complaint in the district court, appellant sought to recover damages for personal injuries alleged to have been sustained by him while employed as a seaman on appellee’s vessel, the S. S. Exhibitor, resulting from a physical assault made upon him by William D. Harris, also a member of the crew aboard the vessel.

Appellant based his claim to recover damages on the unseaworthiness of the vessel and the negligence of appellee.

The district court granted appellee’s motion for a summary judgment in favor of appellee as a matter of law, on the ground that there existed in the record no genuine issue as to any material fact. .

From our view of the record we are satisfied that there exists in the record no genuine issue as to any material fact with respect to appellant’s claim that his injuries are the result of any negligence on the part of appellee. We find no evidence in the record that would warrant the trier of fact to conclude, with reason, that Harris constituted a foreseeable risk to appellant against which appellee had the duty to guard. See Boorus v. West Coast Trans-Oceanic Steamship Line, 299 F.2d 893 (9th Cir. 1962); Guzzi v. Seas Shipping Co., Inc., 270 F.2d 714…