Lloyd Wescott v. Impresas Armadoras, S.A. Panama v. Brady Hamilton Stevedore Co., Intervenor-Appellee

FACTS

Wescott was a longshoreman with 18 years experience hired by the Brady Hamilton Stevedore Co. (“Brady”), an independent contracting stevedore, to work aboard the Merchant Vessel ‘Ioanna” which was owned and operated by Impresas Armadoras, S.A. Panama (“Impresas”). At the times herein considered, Brady had a superintendent in charge of the overall stevedore work on the vessel, a “walking boss” overseeing the operations in the hatches wherein the loading was performed, and a “gang boss” who directed the workers at each hatch.

The operation involved herein was the loading of two types of wheat onto the vessel Ioanna. On the morning of the accident, stevedore superintendent Wilhemson suggested using a sloping type separation wherein the first type of wheat is poured into the hatch, runs off to its natural angle of repose and a burlap material is placed on top over the stowed grain before the second type of grain is poured in. The ship’s master, however, requested that a flat type separation be used which necessitated a levelling off of the first wheat before the burlap material is employed and the second type of wheat is poured on top. The ship’s master did not instruct…