Howlett v. Birkdale Shipping Co.
United States Supreme Court
512 U.S. 92, 114 S.Ct. 2057, 129 L.Ed.2d 78, 1994 AMC 1817 (1994)
- Written by Carolyn Strutton, JD
Facts
Albert Howlett (plaintiff) was a longshoreman employed by the stevedore company Northern Shipping Co. in the port of Philadelphia. Howlett was injured while unloading bags of cocoa beans from the MV Presidente Ibanez, which was owned and operated by Birkdale Shipping Co. (Birkdale) (defendant). Howlett’s injury occurred when he failed to see and slipped on plastic sheeting that had been improperly placed under the cargo by the stevedores who had originally loaded the vessel, rather than the paper or plywood that should have been used. Howlett brought a claim against Birkdale under the Longshore and Harbor Workers’ Compensation Act (LHWCA) for a negligent failure to warn Northern Shipping and its longshoremen-employees of the dangerous condition of the use of plastic under the cargo. The district court granted summary judgment for Birkdale, and the court of appeals affirmed. The United States Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Kennedy, J.)
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