June Mendez v. Ishikawajima-Harima Heavy Industries Co., Ltd.

June Mendez, a longshore worker, appeals the district court’s dismissal of her diversity action against Ishikawajima-Harima Heavy Industries (“IHI”), the manufacturer of the vessel upon which she slipped and fell. The district court had jurisdiction pursuant to 28 U.S.C. § 1332 , we have jurisdiction pursuant to 28 U.S.C. § 1291 . Mendez contends that the district court improperly dismissed her claim as barred by California’s one year statute of limitations. Mendez asserts that her claim was in fact governed by the admiralty three year statute of limitations. We agree and reverse and remand to the district court.

I

June Mendez, a longshore worker, was injured when she slipped and fell on a recessed manhole cover which was allegedly filled with water and in an area that was poorly lit. The accident occurred in 1990 aboard the MTV GREEN LAKE while the vessel was discharging automobiles. The M/V GREEN LAKE was owned and operated by Central Gulf Lines and manufactured by IHI. In 1990, Mendez sued Central Gulf for her injuries alleging Central Gulf was negligent because the manhole cover was an unsafe condition that existed aboard the vessel. Following a jury trial, judgment was…