Document Type

Article

Publication Date

1-11-1991

Abstract

Plaintiffs-appellants Wayne T. Oxley ("Oxley") and Ruth A. Oxley appeal from a summary judgment entered in the United States District Court for the Southern District of New York (Owen, J.) dismissing their complaint against defendant-appellee City of New York. Wayne Oxley brought this action to recover damages for injuries he sustained in an accident that occurred while he was serving as an engineer aboard a vessel owned by the City of New York known as Police Department Launch No. 2. Ruth Oxley, his wife, joined in the action to seek damages for loss of consortium. Alleged in the complaint were claims of negligence, pleaded under the Jones Act, 46 U.S.C. § 688 (1988), and unseaworthiness, pleaded under the general maritime law.

Oxley contends that he raised triable issues of fact as to both negligence and unseaworthiness. In the district court he asserted that the Launch was unseaworthy because the vessel was not provided with sufficient lighting, was not furnished with adequate deck de-icing equipment or a supply of sand for traction on the deck and was not equipped with a ladder or gangplank for use in boarding. In his claim under the Jones Act, Oxley alleged that the City was negligent in allowing the foregoing conditions to exist and in maintaining a dock with a broken cleat.

The court considered each of the conditions described and concluded that none raised any triable issues as to unseaworthiness or negligence under the circumstances. We disagree, reverse the summary judgment and remand for trial.

Comments

923 F.2d 22 (1991)

Wayne T. OXLEY and Ruth A. Oxley, Plaintiffs-Appellants,

v.

The CITY OF NEW YORK, Defendant-Appellee.

No. 364, Docket 90-7555. United States Court of Appeals, Second Circuit.

Argued October 2, 1990.

Decided January 11, 1991.

New York Law School location: File #1078, Box #126

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