Knight

Knight v. Alaska Trawl Fisheries, Inc.

Good Law
154 F.3d 1042·1998 WL 559929
United States Court of Appeals for the Ninth CircuitSeptember 4, 1998Nos. 96-35695, 96-35720California2,759 words

Opinion

Lead Opinion

Hawkins, J.

We must decide whether a negligent shipowner may receive indemnification under Ryan Stevedoring Co. v. Pan-Atlantic S.S. Corp., 350 U.S. 124 , 76 S.Ct. 232 , 100 L.Ed. 133 (1956), from a negligent contractor when a shipowner is liable to an injured seaman for unseaworthiness and Jones Act negligence.

BACKGROUND

During the transfer of cargo from the F/V ENDURANCE to the EIYO MARU, Jason Knight, a seaman aboard the ENDURANCE, was seriously injured. He sued Alaska Trawl Fisheries, Inc. (“Alaska Trawl”), the owner of the ENDURANCE, for unseaworthiness, maintenance and cure, and Jones Act negligence, 46 U.S.CApp. § 688, and North Star Terminal and Steve-doring Company (“North Star”), the steve-doring company aboard the EIYO MARU, and other defendants for general maritime negligence. 1 All defendants cross-claimed against each other for indemnity and contribution. ■

*1044 Shortly before trial, all defendants settled with Knight for $1.2 million in damages, plus $190,000 in maintenance and cure paid by Alaska Trawl. Alaska Trawl moved for partial summary judgment, seeking indemnification from North Star for damages paid to Knight. The district court denied the motion and, after a…

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