Christensen

Christensen v. Georgia-Pacific Corp.

Good Law
279 F.3d 807·2002 WL 130453
United States Court of Appeals for the Ninth CircuitFebruary 1, 2002No. 00-35922California3,659 words

Opinion

Lead Opinion

Nelson, J.

Bruce W. Christensen appeals the district court’s order granting Appellees’ summary judgment motions. Christensen is a longshoreman who was injured while helping to retie a ship that had broken free from the dock. Christensen filed negligence claims against the ship, a second ship that had been tied to the same cleat on the dock, and the dock owner. The district court held that, as a matter of law, the injury was not a foreseeable result of appellees’ acts. We reverse. Genuine issues of material fact exist as to breach of duty and proximate cause that must be resolved at trial.

I.

Bruce Christensen worked as a longshoreman, or stevedore, in Coos Bay, Ore *811 gon, when the incident from which this case arises occurred. On April 16, 1997, Asian Hawk, a ship owned by Appellee Southern Route Maritime, docked at the Glenbrook dock in Coos Bay. The ship was longer than the dock, so it tied its stern lines to a cleat on the adjoining dock owned by Appellee Georgia-Pacific. Asian Hawk hired long-shoremen, including Christensen, through a local stevedoring company to unload its cargo of nickel ore. When the ship arrived, it received weather reports alerting it to a forecast of high…

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