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Dahlen v. Gulf Crews, Inc.

To invoke maritime jurisdiction under the Admiralty Extension Act, a plaintiff injured on shore must allege that the injury was caused by a defective appurtenance of a ship on navigable waters; where a workers negligence suit alleged a defect in the manner in which groceries were loaded into a grocery box, the Admiralty Extension Act was improperly applied and Louisiana state law, not federal maritime law, should have applied.

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Appeals from the United States District Court For the Western District of Louisiana

On July 6, 1995, Peter Dahlen injured his back aboard an oil platform while unloading groceries from an eight-foot square metal grocery box. The platform is owned and operated by Forest Oil Corporation (“Forest”). Dahlen sued Forest, as well as the grocery supplier, Universal Ogden Services (“Universal”), and the chartered ship owner, Gulf Crews, Inc. and Gulf Marine Services, Inc. (“collectively, “Gulf”) for negligence. The district court granted Universal’s and Gulf’s motions for summary judgment on the basis that they owed no duty to Dahlen. At trial, a jury found that Forest was not negligent and Dahlen now appeals. On appeal, Dahlen claims: (1) the jury charge was erroneous as to the legal standard of negligence it set forth; (2) the jury charge was erroneous as to the duty that was owed by Forest as the time charterer; (3) the jury’s findings were erroneous; and (4) it was error to grant Universal’s motion for summary judgment.

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