Peru

I. Background

On November 17, 2002, while petitioner Cheryl Peru was ascending a ladder inside the USS Missouri, she hit her head, sustaining head and neck injuries. Peru worked for respondent Sharpshooter Spectrum Venture, LLC (“SSV”), the “exclu- sive provider of photographic and imaging concession ser- vices for visitors” to the famous World War II battleship, which is now moored at Pearl Harbor and open to the public. SSV employees greet tourists as they enter the USS Missouri and ask permission to take their photographs. The employees then shoot photographs of the tourists at several locations on the ship and the nearby pier. They process the photographs in a mobile trailer “lab” located on the pier and offer them for sale at a designated sales area, also located on the pier.

When Peru started at SSV in July 2001, she worked as a photographer. Peru subsequently was promoted to a sales job and then to a position as assistant manager. As assistant man- ager, Peru performed a variety of administrative tasks, but also continued to do greeting, sales, and photography work as needed. At the time of her accident, Peru, loaded with camera 7674 PERU v. SHARPSHOOTER SPECTRUM…