Terrence L. Butler v. Ingalls Shipbuilding, Inc.

Good Law
89 F.3d 582·96 Daily Journal DAR 8291·1996 WL 383008·1996 A.M.C. 2759·1996 U.S. App. LEXIS 16391
United States Court of Appeals for the Ninth CircuitJuly 10, 199695-55224California1,975 words

Opinion

Opinion

Gibson, J.

Terrence L. Butler appeals the district court’s grant of summary judgment against him. We affirm in part and reverse and remand in part.

I. BACKGROUND

On October 9, 1992, United States Navy Boatswain’s Mate First Class Terrence L. Butler was injured when an accommodation ladder on which he was standing fell into the water. An accommodation ladder is an adjustable stairway attached to the side of a vessel that can be lowered alongside the hull. The apparatus includes an adjustable platform at the bottom, a permanently mounted ehainhoist on the hull directly above the end of the platform, and a lifting padeye (a small aluminum loop) on the end of the platform. The accommodation ladder was attached to the U.S.S. Essex, the second in a series of LHD class vessels. These vessels, which resemble small aircraft carriers, are used to carry troops, landing craft, attack helicopters, and harrier jets.

Butler and three other crewmen were attempting to raise and stow the accommodation ladder, which had been lowered over the side of the vessel, when the accident occurred. Instead of properly rigging the accommodation ladder by using a chain fall or a chain sling to attach the lifting…

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