Barry James Pashby v. Universal Dredging Corporation, and Anchor Barge No. 10, Official No. 554497

Appellant Pashby was employed by ap-pellee Universal Dredging Corporation as a deckmate. On October 5, 1973, he was working on Anchor Barge No. 10. Appellant had occasion that morning to reprimand a deckhand, one Rodriguez. Mr. Rodriguez took exception to the rebuke and a brief scuffle ensued. Forty-five minutes later, Mr. Rodriguez approached appellant from the rear without warning and assaulted and battered him with an 18 inch eye bolt, causing head, leg and hand injuries.

Appellant brought this suit under the Jones Act, 46 U.S.C. § 688 , charging negligence and breach of the duty of seaworthiness. The district court awarded summary judgment to the appellees, prompting this appeal by Mr. Pashby.

Summary judgment is properly awarded only when no genuine issue of material fact remains after the facts have been examined in a light most favorable to the party opposing the summary judgment motion. Santos v. Scindia Steam Navigation Co., 598 F.2d 480, 483 (9th Cir. 1979); Blake v. City of Los Angeles, 595 F.2d 1367, 1377 (9th Cir. 1979).

A vessel may be unseaworthy because of “defective” crew members. Boudoin v. Lykes Bros. Steamship Co., 348 U.S. 336, 339 , 75 S.Ct. 382 , 99 L.Ed.…