Cristanelli

FINDINGS OF FACT AND CONCLUSIONS OF LAW

FINDINGS OF FACT

1. On November 21, 1975, Plaintiff filed in this court a Complaint for Personal Injuries. He named as Defendants United States Lines, a corporation, and the United States of America. He alleged that on or about November 22, 1974, he was employed by a stevedore company, Marine Terminals Corporation, to work as a longshoreman on board the United States Lines Vessel, AMERICAN CHAMPION. Plaintiff alleged that while working as a longshoreman on board the vessel on navigable waters of the United States, he suffered personal injuries as a result of the negligence of the Defendants.

2. After the Complaint was filed, Plaintiff’s counsel sent to the United States Marshal two copies of it and with each he sent one summons. One summons was directed to United States Lines and one was directed to the United States of America. However, Plaintiff’s counsel, John Marin, negligently failed to send with the summons and complaints any instructions for service. In accordance with its standard policy which has long been known to all attorneys practicing in the United States District for the Central District of California, and which were known…