Roberta A. Uglem, Personal Representative of Allen D. Uglem, Deceased v. Foss Launch & Tug Co.

This appeal is one of the last of a vanishing breed — a “warranty of seaworthiness” suit by employees of an independent repairer contractor against a shipowner to recover damages for injuries sustained on board the shipowner’s barge. The three employees, Allen D. Uglem, Robert E. Olsen, and Stanley A. Olsen, worked for Todd Shipyards Corp. (“Todd” or “contractor”), an independent ship repairer.

Todd contracted with Foss Launch & Tug Co. (“shipowner” or “Foss”) to “Drydock vessel [Barge # 202] for inspection by ABS and USCG.

After the implications of this directive were fully explored, the lower court determined that the contract obligated Todd to open and inspect all tanks of the barge to determine whether they were safe and to make them safe if they were not. This conclusion was not erroneous.

On March 9, 1972, Barge # 202 was taken to the Foss floating drydock where work commenced. At approximately 5:00 P.M. Todd employees removed the cover which sealed tank A421F. This tank had not been inspected or tested for oxygen content by anyone for over one year, and it had never received a protective paint coat. Sometime shortly after the cover had been removed, Stanley Olsen entered…