Frasca v. Prudential-Grace Lines, Inc.

Frank Frasca (plaintiff) was a longshoreman for a stevedoring company. Frasca was a member of the crew unloading a hatch on a ship owned by Prudential-Grace Lines, Inc. (Prudential) (defendant). The longshoremen used a ladder to descend into the hatch. Frasca was severely injured when he slipped and fell off the hatch ladder. Frasca sued Prudential for negligence. The evidence at trial established that: (1) the longshoremen noticed in the morning that the ladder and lashing wires they held were covered with grease; (2) the greasy condition worsened throughout the day as the longshoremen went up and down the ladder; (3) from the morning until Frasca’s 3:00 p.m. fall, eight longshoremen used the ladder at least three times each, and Frasca used the ladder four times; (4) Frasca noticed the grease when first descending in the morning and was aware of it throughout the day; (5) a Prudential crew member descended into the hatch to open it and to close a deck lid later in the day; (6) none of the longshoremen used an available escape-hatch ladder; and (7) neither the longshoremen, the stevedoring company, nor the ship’s crew took steps to remedy the ladder’s dangerous condition. The jury found that Frasca, the stevedoring company, and Prudential were each negligent. Prudential moved for a judgment notwithstanding the verdict.