Robert P. Bjaranson v. Botelho Shipping Corporation, Manila

The district court entered judgment against Botelho Shipping Corporation, which now appeals. We reverse and remand with instructions that judgment be entered in favor of the defendant.

PROCEEDINGS AND FACTS

The plaintiff, Bjaranson, sued the Botel-ho Shipping Corporation (“Botelho”) for injuries he sustained while unloading cargo aboard a vessel. His theory of liability was based upon negligence, and the action was brought pursuant to § 5(b) of the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. § 905 (b) (1982).

A jury returned a verdict in his favor. Thereafter, Botelho moved for judgment notwithstanding the verdict and for a new trial. Both motions were denied by the district court. Botelho now appeals the denial of those motions.

Bjaranson, a longshoreman with nineteen years experience, was hired to unload cargo from the M/V STAR MINDANAO while it was docked at Astoria, Oregon. The vessel arrived early in the morning on January 28, 1984. By 8:00 a.m. the stevedore company, Bjaranson’s employer, had commenced the cargo operation aboard the vessel.

The vessel had seven hatches that were numbered consecutively starting at the bow of the vessel; the hatch…