Howlett v. Birkdale Shipping Co., 512 U.S. 92, 3 (1994)

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

102

HOWLETT v. BIRKDALE SHIPPING CO.

Opinion of the Court

and to foreclose liability "based on a theory of unseaworthiness or nondelegable duty," id., at 172. Agreeing with the Court, Justice Powell further observed that imposing such a duty—in light of the stevedore-employer's right to receive reimbursement for its payment of statutory compensation if a longshoreman prevails in a § 5(b) action against a vessel, see Edmonds v. Compagnie Generale Transatlantique, 443 U. S., at 269-270—would "decrease significantly the incentives toward safety of the party in the best position to prevent injuries." Scindia Steam, supra, at 181 (concurring opinion); see also Edmonds, supra, at 274 (Blackmun, J., dissenting). It is also worth noting that an injured long-shoreman's acceptance of statutory compensation operates as an assignment to the stevedore-employer of the longshoreman's right to bring suit against the vessel, so long as the longshoreman does not sue within six months of accepting compensation. 33 U. S. C. § 933(b). Were we to have accepted the longshoreman's contentions in Scindia Steam, we would have run the risk of promoting the kind of collateral litigation between stevedores and vessels (albeit in a different guise) that had consumed an intolerable amount of litigation costs prior to the 1972 Amendments. See Gilmore & Black § 6-46, at 411.

The foregoing principles, while taken from Scindia Steam's examination of the vessel's duty to intervene, bear as well on the nature of the vessel's turnover duty, and hence on the case before us. We consider first Howlett's view that a vessel must make reasonable inspections during stevedoring operations to ensure a proper stow and to detect any hazards or defects before they become hidden. The beneficiaries of this proposed duty would be longshoremen who unload or otherwise deal with the cargo at later ports. But if, as we held in Scindia Steam, a vessel need not supervise or inspect ongoing cargo operations for the benefit of long-shoremen then on board, it would make little sense to impose the same obligation for the benefit of longshoremen at subse-

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: October 4, 2007