Michael K. Bernard v. Maersk Lines, Ltd.

Opinion by Judge FERNANDEZ.

Appeal from the United States District Court for the Central District of California.

Michael Bernard, a seaman, appeals the district court’s grant of summary judgment in favor of his employer, Maersk Lines, Ltd., in his admiralty suit, seeking damages under the Jones Act, 46 U.S.CApp. § 688, for personal injury sustained in an accident aboard Maersk’s vessel. The district court held that Bernard’s claims were barred because his injury resulted from a dangerous condition caused by his own breach of a “primary duty,” which he owed to Maersk pursuant to the terms of his employment. We reverse.

BACKGROUND

Bernard worked for Maersk as chief cook on the vessel M/V First Lt. Alex Bonnyman. Among his duties as chief cook were loading food stores into the ship’s freezers, and keeping the freezers clean, orderly, and generally safe.

At the time of the accident, the Bonnyman was under charter to the United States military’s Sealift Command. In addition to its regular crew, the vessel had about 120 military personnel on board. Because of the additional passengers, the Bonnyman had to take on more stores than usual. Those additional stores overloaded the…