Dan S. Stanworth v. American Stern Trawlers, Inc., a Corporation, and F/v Seafreeze Pacific

Stanworth brought this personal injury action under the Jones Act ( 46 U.S.C. § 688 ) and general maritime law for negligence and unseaworthiness. He sought damages, unearned wages, and maintenance and cure. The district court granted defendant’s motion for summary judgment on the basis that Stan worth’s injuries were the result of a breach of his independent contractual duty to the owner to maintain safe working conditions on the ship. Walker v. Lykes Bros. S.S. Co., 193 F.2d 772 (2d Cir. 1952). Stanworth appeals and we reverse.

The Seafreeze Pacific, a 300-foot fishing trawler, was tied up alongside a Seattle pier. Stanworth, in addition to his duties as chief mate, was acting master during the temporary absence of the captain. His duties as chief mate included being responsible for safe working conditions on the ship; thus he made periodic inspections. During a morning inspection, he discovered that a diesel oil day tank on an upper deck had overflowed, covering much of the ship’s topside decks with oil. Stanworth informed the engineer of the spill and ordered it cleaned up. During the rest of the morning, Stanworth periodically noticed the clean-up efforts. Around…