Donald Davis v. Partenreederei M.S. Normannia

This is an appeal from a suit brought by a longshoreman against a shipowner pursuant to the Longshoreman’s and Harbor Worker’s Compensation Act (LHWCA) as amended in 1972, 33 U.S.C. § 905 (b). In reviewing the judgment entered in favor of the longshoreman, we need to consider the applicable standard of care owed by a shipowner to a longshoreman who is engaged in unloading cargo from a ship. The standard of care owed in such a situation is set out in Scindia Steam Navigation Co. v. Santos, — U.S. —, 101 S.Ct. 1614 , 68 L.Ed.2d 1 (1981), affirming in part and amending in part, Santos v. Scindia Steam Navigation Co., 598 F.2d 480, 485 (9th Cir. 1979). Based upon the standards announced in those decisions, we now affirm the court below.

Facts

The plaintiff-appellee, Donald Davis, was a “supercargo” longshoreman employed by an independent stevedore firm, Crescent Wharf and Warehouse Company in Rich mond, California. Davis was injured while unloading the M/S Normannia, owned and operated by the Partenreederei M.S. Normannia (Shipowner). The Normannia’s gangway is of an apparently unique design, permitting it to pivot and swing through a 180 degree arc. This allowed the end of the…