Judge Pamela Chen
Giganti, a longshoreman employed by American Sugar Refining Inc., (ASR) slipped and fell—on a mixture of water and raw sugar—while discharging sugar from the M/S Pilica at ASR’s terminal. He sued ship owner Polsteam and charterer CSC Sugar LLC for negligence under §905(b) the Longshore and Harbor Workers’ Compensation Act. Granting Polsteam’s and CSC’s summary judgment motions, district court dismissed Giganti’s lawsuit, finding that he failed to show that a genuine factual issue existed whether any defendant breached the “turnover,” “active control,” and intervention duties owed him under Scindia Steam Nav. v. De Los Santos. Among other things the court rejected Giganti’s claim that Polsteam breached its turnover duty by negligently failing to coat the Pilica’s deck with paint containing grit for traction. Further, because CSC did not own, operate or maintain the Pilica or its equipment, did not employ or supervise the Pilica’s crew, nor were CSC personnel at ASR’s terminal nor aboard the Pilica, it was clear that CSC did not “actively involve” itself in cargo operations. The parties’ evidence showed that if any party had a duty to remedy the allegedly dangerous condition that led to Giganti’s fall, it was ASR.
