Crumady v. the Joachim Hendrik Fisser

Background

A longshore worker employed by a stevedoring company was injured while unloading two timbers from the ship. The topping-lift cable broke, the ship’s boom fell, and the worker suffered serious disabling injuries. The trial court found the ship’s unloading gear safe for three tons but noted the winch cutoff was set to stop at about six tons. The trial court held the vessel unseaworthy and required the stevedores to indemnify the ship. The Court of Appeals reversed, blaming only stevedore negligence.

Reasoning

The main question was whether the ship’s adjustment of its own winch safety cutoff made the vessel unsafe and thus made the ship liable. The Supreme Court majority concluded the ship’s equipment, though serviceable, had been adjusted by those acting for the owner so that its safety cutoff allowed stresses far above the gear’s three-ton working load. That condition made the vessel unseaworthy, and the Court held the stevedores’ negligent actions “brought into play” that unseaworthy condition. Applying earlier decisions about a stevedore’s warranty of workmanlike service, the Court reversed the appeals court and reinstated the trial judgment, allowing the vessel to recover indemnity from the stevedoring company.

Real world impact

The ruling emphasizes that shipowners cannot avoid responsibility for onboard equipment settings that create hazards. Dock workers, ship operators, and stevedoring firms will be affected in who bears risk for unsafe equipment settings and in potential indemnity claims between carriers and contractors.

Dissents or concurrances

A dissent argued the Court should not have taken the case, disagreed with overturning the appeals court, and maintained the circuit breaker setting and stevedores’ conduct were properly found to be the stevedores’ sole responsibility.