Bartholomew

Bartholomew v. Seariver Maritime, Inc.

Good Law
123 Cal. Rptr. 3d 171·193 Cal. App. 4th 699·2011 Cal. App. LEXIS 301·2011 A.M.C. 1357
Court of Appeal of CaliforniaMarch 16, 2011No. A127424California6,318 words

Opinion

Lead Opinion

Sepulveda, J.

This appeal arises from the asbestos-related injuries sustained by plaintiff Alan Bartholomew, a ship repair worker employed by *703 West Winds, Inc. (West Winds), while working on various ships owned by defendant SeaRiver Maritime, Inc. (SeaRiver). Bartholomew brought suit against SeaRiver as a vessel owner under the Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. § 901 et seq.; LHWCA or Act). SeaRiver moved for summary judgment, which the trial court granted. Finding no triable issue of material fact that SeaRiver breached a duty owed to Bartholomew, we affirm.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Between 1977 and 1980, Bartholomew worked as a marine machinist at West Winds, a ship repair company located in San Francisco. During his employment, he worked on the maintenance and repair of numerous ships owned by SeaRiver. In particular, he performed repair work on pumps, valves, turbines, compressors, and other equipment on the ships. The areas in which Bartholomew worked on the ships—engine rooms, boiler rooms, and machinery spaces—contained numerous pipes covered with insulation. Bartholomew was diagnosed with asbestosis in or about October 2006. He…

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