Glenn Ludwig v. Pan Ocean Shipping Co., Ltd., Owner of the M/v Ocean Royal
Opinion
Opinion
OVERVIEW
Glenn Ludwig, a longshoreman, was injured while working aboard the M/V Ocean Royal when he stepped down from a ladder onto snatch blocks nestled in a coiled lashing cable located at the bottom of the ladder. He sued Pan Ocean Shipping Company, the owner of the vessel, in a negligence action brought under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 905 (b). After a bench trial, the district court entered judgment for Ludwig. The court held that Pan Ocean breached its turnover duty to warn and its turnover duty of safe condition. We reverse.
STANDARD OF REVIEW
“Although the determination of whether established facts constitute negligence involves a mixed question of law and fact, the ‘mixed question of negligence’ is an exception to the general rule that mixed questions are reviewed de novo.” Louie v. United States, 776 F.2d 819, 822 (9th Cir.1985) (citing United States v. McConney, 728 F.2d 1195, 1204 (9th Cir.) (en banc), cert. denied, 469 U.S. 824 , 105 S.Ct. 101 , 83 L.Ed.2d 46 (1984)). “[Ajppellate review of a finding of negligence is governed by the clearly erroneous standard.” Miller v. United States, 587 F.2d 991, 994 (9th Cir.1978). The…