Richard F. Wilson and Virginia R. Wilson v. United States

Wilson, a civilian shipyard worker, alleges he was injured when a metal sliver entered his eye while he was working in the engine room of the U.S.S. ASHTABULA. On the day of the accident, Wilson was breaking loose bilge pumps in the engine room. The accident apparently occurred as he was removing insulation surrounding bolts securing the bilge pumps. Navy personnel were using chisels, hammers, and other tools to loosen a valve on a bulkhead nearby. Although Wilson had been instructed to the contrary, he was not wearing goggles at the time because, he said, perspiration caused his glasses to slip off. At some point, Wilson felt something enter his eye. He thought at the time that whatever was in his eye came from the insulation he was removing. He was taken to the hospital, where a doctor removed a metal sliver from his eye.

Wilson and his wife filed suit against the United States under authority of the Suits in Admiralty Act, 46 U.S.C. §§ 741-52 (1976), and the Public Vessels Act, 46 U.S.C. §§ 781-90 (1976), on the theory that the Navy personnel working nearby negligently caused a sliver to fly off in Wilson’s direction. The matter was tried to the court. At the close of Wilson’s…