Usner v. Luckenbach Overseas Corp.

400 U.S. 494, 91 S.Ct. 514, 27 L.Ed.2d 562, 1971 AMC 277 (1971)

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Usner v. Luckenbach Overseas Corp.

United States Supreme Court
400 U.S. 494, 91 S.Ct. 514, 27 L.Ed.2d 562, 1971 AMC 277 (1971)

CS

Facts

Joseph Usner (plaintiff) was a longshoreman who was injured while loading cargo onto the Edgar F. Luckenbach. Usner’s injury occurred as a result of another longshoreman’s negligence when the other man accidentally lowered a cargo sling from a winch too quickly and too far, causing the sling to hit Usner. Prior to this negligent act, the loading of the cargo had proceeded without any difficulty. Usner sued Luckenbach Overseas Corp. and Isthmian Lines, Inc. (the owner and charterer of the vessel) (defendants) in federal district court, alleging that the vessel was unseaworthy. The owner and charterer moved for summary judgment, claiming that a single negligent act by another longshoreman could not be held to be an unseaworthy condition. The district court denied the motion but granted the owner and charterer leave for an interlocutory appeal on the issue. The court of appeals directed that the owner and charterer were entitled to summary judgment. The United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Stewart, J.)

Dissent (Harlan, J.)

Dissent (Douglas, J.)

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