Flores
Flores v. Del Monte Fresh Produce N.A., Inc.
Opinion
Lead Opinion
MEMORANDUM **
Alfredo Flores appeals the district court’s grant of summary judgment in favor of Defendants Del Monte Fresh Produce, N.A. Inc. and Alcazar Shipping Co. (“Defendants”). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse.
We review a grant of summary judgment de novo. Oliver v. Keller, 289 F.3d 623, 626 (9th Cir.2002). Evidentiary rulings made in the context of summary judgment motions are reviewed for an abuse of discretion. Maljack Productions, Inc. v. GoodTimes Home Video Corp., 81 F.3d 881, 886 (9th Cir.1996).
The Longshore and Harbor Workers’ Compensation Act permits a longshoreman who is injured on board a vessel to file suit against the owner of the vessel if that vessel’s negligence caused his or her injury. 33 U.S.C. § 905 (b). “One of the primary duties of a vessel owner is to turn over the vessel to the stevedore in reasonably safe condition.” Thomas v. Newton Intern. Enterprises, 42 F.3d 1266, 1269 (9th Cir., 1994). Whether Defendants acted reasonably or whether the condition was unreasonably dangerous is a question of fact and generally not appropriate for resolution at the summary judgment stage. Thomas, 42 F.3d at 1269 .