Denise Thomas & Willie Lavon Thomas v. Newton International Enterprises Southern Shipping Management (Chile) Ltd.
Opinion
Opinion
Reinhardt, J.
This case involves a negligence action by an injured longshore worker against the owner of the vessel. The district court granted summary judgment for the vessel. We reverse.
BACKGROUND
On July 6, 1991, Stevedoring Services of America assigned longshore worker Denise Thomas to assist with the discharging and loading of cargo from the vessel “Imperial”. At approximately 2:30 p.m., Thomas and her work partner, Joe Graham, boarded the Imperial and proceeded to Hatch # 6 where cargo operations were in progress. When Thomas and Graham arrived at the access ladder leading from the weather deck of Hatch # 6 to the tween deck, Thomas looked briefly down the ladderwell, allowed Graham to climb down first, and then followed him down the access ladder. When Thomas reached the tween deck, she released the ladder, took one step and fell through a second hatch opening leading to the access ladder between the tween deck and lower hold. On the way down, Thomas’ leg caught in the rung of the second access ladder and broke her fall. In the process of falling, Thomas struck her head, back, shoulder and foot against the second ladder. The hatch opening which Thomas fell through was completely…