Woldegiorgis

Woldegiorgis v. NYK Ship Management

Good Law
United States District Court, Northern District of CaliforniaAugust 5, 20213:18-cv-07678California483 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 BEREKET WOLDEGIORGIS, Case No. 18-cv-07678-AGT

Plaintiff,

ORDER DENYING MOTION FOR

v. SUMMARY JUDGMENT

NYK SHIP MANAGEMENT, Re: Dkt. No. 65 Defendant.

The record contains conflicting evidence on whether cargo vessels docked in the port of Oakland have a duty to provide adequate lighting to longshoremen who are lashing on their decks. Defendant cites to certain safety standards and regulations in arguing that there’s no such duty. See Tamulski Decl., Ex. J (Pacific Coast Marine Safety Code); 29 C.F.R. § 1918.92 (OSHA safety regulations). Plaintiff, meanwhile, cites to testimony from several experienced longshoremen and from a port employee, who state that in ports on the West Coast the custom and practice is for cargo vessels to provide lighting for longshoremen. See Wilson Decl. ¶¶ 1–3, Dkt. 72; Semenero Decl. ¶¶ 1, 6–8, Dkt. 73; Henriquez Decl. ¶¶ 4–5, Dkt. 75; Diggs Decl. ¶¶ 1–4, Dkt. 76. Custom can give rise to a duty…

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