Ruben Martinez v. Pacific Industrial Service Corporation Weatherford U.S., Inc.

Ruben Martinez brought an action in admiralty against Pacific Industrial Service Corp. (Pacific) and Weatherford U.S., Inc. (Weatherford) for injuries he sustained in cleaning boiler tubes aboard the U.S.S. Ajax with hydroblast equipment. The district court granted summary judgment for the defendants on the ground that admiralty jurisdiction was lacking. Martinez appealed. We reverse and remand.

FACTS

On July 13, 1983, the U.S.S. Ajax, a ship of the United States Navy, was pierside in navigable waters at the 32nd Street Naval Station in San Diego. Its crew kept watches aboard the vessel. It was on the third day of preparation for what would be a ten month overhaul and had not yet gone into drydock.

The general contractor for the overhaul was Triple “A” South. Cleaning Dynamics Corporation was awarded a subcontract by Triple “A” to clean the boiler tubes of the Ajax. Martinez was employed by Cleaning Dynamics for this purpose.

The cleaning of boiler tubes uses two hydroblast pumps. The water pump remains on the pier. It pumps water that flows up to 20 gallons per minute at pressures up to 10,000 pounds per square inch. The hose is fed from this pump to a trigger gun operated…