Vivian R. Adams, Individually and as the Personal Representative and Administratrix of the Estate of James E. Adams, Deceased v. Ugland Management Co.

This is a wrongful death action brought by the widow of a longshoreman who drowned in the waters of San Francisco Bay at Richmond, California, while engaged in docking a vessel. Appellee Ugland Management Co. is the owner of the vessel. Plaintiff asserts liability on the alternative grounds of negligence of the ship’s officers and unseaworthiness of the vessel. Finding no factual issue upon either theory of liability and concluding as matter of law that neither could prevail upon the undisputed facts, the district court granted summary judgment in favor of appellees. We affirm.

The district court stated the relevant facts as follows:

We agree with the district court that no breach of duty owing to the crew of longshoremen by the ship’s officers has been shown, and that no factual issue on the claim of negligence has been presented.

As to the claim of unseaworthiness, the district court regarded Usner v. Luckenbach Overseas Corp., 400 U.S. 494 , 91 S.Ct. 514 , 27 L.Ed.2d 562 (1971) as controlling. We agree.

The Court there stressed that “unseaworthiness is a condition * * Id. at 498, 91 S.Ct. 514 . It stated:

Id. at 499, 91 S.Ct. at 517. Distinguishing the situation…