Armando Martinez v. Korea Shipping Corp., Ltd. Hyundai Heavy Industries Company, Ltd.

Armando Martinez, an injured longshoreman, appeals a grant of summary judgment in favor of defendant ship owner. Martinez alleges that Korea Shipping Corporation (KSC) negligently provided an unreasonably dangerous vessel for cargo loading and is therefore liable for injuries Martinez sustained while working on board the vessel. Finding that KSC met its duty of care to Martinez, the district court granted KSC’s motion for summary judgment. We affirm in part, reverse in part, and remand for further proceedings.

Martinez is a longshoreman employed by Marine Terminals Corporation, a stevedor-ing company contracted by KSC to load and unload cargo containers on board their vessel the KOREAN WONIS SEVEN (the vessel). Martinez’s duties entail installing and releasing lashing bars and turnbuckles that secure cargo containers to the vessel. The vessel is owned and operated by KSC and was manufactured by Hyundai Heavy Industries Company, Ltd.

Martinez sustained serious back injuries when he fell through an unguarded ladder opening on a lashing platform six feet above the deck. The ladder ascends between a catwalk and a lashing platform into a three foot by three foot circular opening. The…