Compagnie Maritime Belge (Lloyd Royal) S.A. v. United Terminals, Inc.
Compagnie Maritime Belge (Lloyd Royal) S.A. v. United Terminals, Inc.
Opinion of the Court
OPINION
Defendant moves to dismiss the complaint for lack of jurisdiction over the subject matter. Rule 12(b)(1), Fed.R.Civ.P.
Plaintiff vessel owner seeks indemnity for monies paid in settlement of personal injury claims made against it by two longshoremen employed by defendant stevedoring company, who were injured on shore while unloading a container which had been removed from plaintiff’s vessel.
Whatever jurisdictional effect Victory Carriers may have upon a tort action of an injured longshoreman, the case has no application here. This is an action for indemnity, brought pursuant to the well-established doctrine of Ryan Stevedoring Co. v. Pan-Atlantic S.S. Corp., 350 U.S. 124, 76 S.Ct. 232, 100 L.Ed. 133 (1956). As such, the suit is grounded on contract, seeking recovery for breach of the warranty of workmanlike service implicit in the stevedoring contract. See Ryan Stevedoring Co. v. Pan-Atlantic S.S. Corp., supra, 350 U.S. at 130-35, 76 S.Ct. 232. Since the Stevedoring contract is maritime in nature, Ameri
Accordingly, the motion to dismiss the complaint for lack of jurisdiction over the subject matter is denied.
So ordered.
Although this indemnity action was not filed until 1977, it is not barred by the 1972 amendments to the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 et seq. (Supp. 1977), since the injuries occurred prior to the effective date of the amendments. See Addison v. Bulk Food Carriers, Inc., 489 F.2d 1041, 1043 (1st Cir. 1974), affirming, 363 F.Supp. 1016, 1018 (D.Mass. 1973).
Reference
- Full Case Name
- COMPAGNIE MARITIME BELGE (LLOYD ROYAL) S.A. v. UNITED TERMINALS, INC.
- Cited By
- 1 case
- Status
- Published