Robert Reinhart v. United States

Robert Reinhart appeals from a judgment in favor of the United States in an action brought by Reinhart for personal injuries sustained by him at sea while employed as a seaman on a vessel owned by the United States. The district court had jurisdiction under the Suits in Admiralty Act, 46 U.S.C. § 742 , the Public Vessels Act, 46 U.S.C. § 781 , the Jones Act, 46 U.S.C. § 688 , and general maritime law. 1 This court has jurisdiction under 28 U.S.C. § 1291 .

Reinhart was employed as Chief Mate on the S.S. Queens Victory, which trans *152 ported ammunition to Vietnam. Before the ship departed the United States, longshoremen installed wooden sheathing in its holds to prevent contact between the bombs and the vessel’s metal hull. Since his duties as Chief Mate included overseeing safe working conditions on the vessel, Reinhart inspected the sheathing that was laid in each hold and accepted it as suitable for the intended cargo.

During unloading at Cam Rhan Bay by military crews using mechanical equipment, portions of the wooden sheathing were broken and gouged, especially along the sides of the ship. Rough treatment of the sheathing was expected, and it was customarily inspected and…

(dissenting):

I respectfully dissent.

The district court clearly erred in finding that Reinhart, as chief mate, knew that holes had been broken in the decking sheathing into one of which he fell and that he had the duty to inspect and correct damaged sheathing in the holds on the homeward voyage of the vessel. The government produced no evidence on that issue, although it could have. The only witness in the entire trial was Reinhart, the appellant, and his testimony was uncontradicted and accepted by the district court, but obviously misinterpreted.

That testimony was that “The chief mate’s job is to make sure that the cargo is stowed properly on the vessel and also the maintenance of the gear for the vessel to work cargo, and also the upkeep of the outside of the vessel, all painting, any repair work that has to do with the ship itself 1 that it was the duty of the longshoremen at the home port to sheath the hatch and to renew and repair the sheathing when the ship returned to port; 2 that he and the ship’s carpenters had no duty with reference to maintenance of the holds on the way back from Vietnam 3 — in fact, the vessel did not carry lumber aboard to work on sheathing; 4…

457 F.2d 151 Robert REINHART, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 25039. United States Court of Appeals, Ninth Circuit. March 13, 1972. Lawrence Drasin (argued), of Kessler & Drasin, Los Angeles, Cal., for plaintiff-appellant. Michael Dempsey (argued), William H. Brainerd, of Lillick, McHose, Wheat, Adams & Charles, William D. Keller, U.S. Atty., Los Angeles, Cal., Lawrence F. Ledebur, Chief, Admiralty & Shipping Section, Washington, D. C., for defendant-appellee. Before TRASK and CHOY, Circuit Judges, and BATTIN, * District Judge. TRASK, Circuit Judge: 1 Robert Reinhart appeals from a judgment in favor of the United States in an action brought by Reinhart for personal injuries sustained by him at sea while employed as a seaman on a vessel owned by the United States. The district court had jurisdiction under the Suits in Admiralty Act, 46 U.S.C. Sec. 742 , the Public Vessels Act, 46 U.S.C. Sec. 781 , the Jones Act, 46 U.S.C. Sec. 688 , and general maritime law. 1 This court has jurisdiction under 28 U.S.C. Sec. 1291 . 2 Reinhart was employed as Chief Mate on the S.S. Queens Victory, which transported ammunition to Vietnam. Before…