Gerald E. Alexander v. United States

I. OVERVIEW

Gerald E. Alexander appeals the district court’s summary judgment in favor of the United States in his personal injury action. Alexander was injured aboard the S.S. Santa Adela which was chartered to the United States by his private employer. The district court held the government was not responsible for Aexander’s injuries because it was not in operational control of the ship and committed no acts or omissions of independent negligence. We have jurisdiction over Aexander’s timely appeal, 28 U.S.C. § 1291 , and we affirm.

II. FACTS

Aexander was chief mate aboard the S.S. Santa Adela. He was employed by the owner of the ship, Vessel Charters, Inc. (VCI), which is now bankrupt. The ship was chartered by VCI to the United States Navy. According to the express language of the charter, VCI hired and was responsible for the crew. The charter expressly proclaimed it was not a demise charter. A “demise” or “bareboat charter” grants total control of the vessel to the charterer for the charter period. See Blacks Law Dictionary 136 & 388 (5th Ed.1979). Under a “time charter,” however, the owner continues to operate the vessel and the crew remain employees of the owner. Id. at…