Petition of Spearin v. Spearin Book Reviews

Petition of Spearin v. Spearin by United States Court Of Appeals Second Circuit Book Summary

John Luoma was injured on March 8, 1944, while employed by the petitioner Spearin, Preston & Burrows, Inc., aboard its floating Pile Driver No. 6 under the circumstances set forth below. Several days later Luomas daughter wrote the petitioner stating that Luoma had been injured and that she would look to the petitioner for his expenses. Receipt of this letter was denied and the court below made no finding on this point. Luoma then claimed compensation under the New York State Workmens Compensation Law, McKinneys Consol.Laws, c. 67, but this claim was dismissed on August 4, 1944, by consent of the parties. Thereafter, on May 29, 1945, Luoma commenced an action in the New York State Supreme Court to recover damages from the petitioner under the Jones Act, 46 U.S.C.A. § 688. The petitioner then terminated payments that it had theretofore been making to Luoma under the Federal Longshoremens and Harbor Workers Act, 33 U.S.C.A. § 901 et seq., but answered setting up as a defense that its sole liability was under the Longshoremens Act, supra. Thereafter, on October 18, 1945, within six months of the commencement of the New York action, petitioner instituted this proceeding in admiralty in the Southern District of New York seeking limitation of its liability to $4,000, the asserted value of its launch "Lavinia D." the negligence of which was allegedly the sole cause of the accident in which Luoma was injured. The District Court thereupon conditionally enjoined the action in the New York State Supreme Court. The case was then tried in the Southern District and Luomas claim was dismissed on the ground that Luoma was a harbor worker and not "a member of a crew" within the meaning of 33 U.S.C.A.§ 903(a)(1) which excludes members of a crew from the coverage of the Longshoremens Act so that by § 905 of that Act his exclusive remedy was compensation.

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