Admiralty – Warranty of Seaworthiness – Longshoreman’s Choice of Remedies

Plaintiff, employee of a stevedoring company hired to unload defendant’s ship, was injured while operating a defective chisel truck in the ship’s hold. The truck belonged to and was operated, maintained and brought aboard by the stevedoring company, the ship having no similar equipment. Furthermore, the stevedoring company was assumed to be aware of the defect prior to the accident. Plaintiff brought suit for damages against the shipowner alleging unseaworthiness, and the shipowner impleaded the stevedoring company as a third-party defendant. On motion by the defendants for summary judgment, held, motion denied. The shipowner is liable on an absolute warranty of seaworthiness. Considine v. Black Diamond Steamship Corp., (D.C. Mass. 1958) 163 F. Supp. 107.