Gipson v. Kajima Engineering & Construction, Inc.

972 F. Supp. 537, 97 Daily Journal DAR 11968, 1997 A.M.C. 2606, 1997 U.S. Dist. LEXIS 10703, 1997 WL 413906
CourtDistrict Court, C.D. California
DecidedJuly 7, 1997
DocketNo. CV 96-7761 ABC (Mcx)
StatusPublished
Cited by5 cases

This text of 972 F. Supp. 537 (Gipson v. Kajima Engineering & Construction, Inc.) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gipson v. Kajima Engineering & Construction, Inc., 972 F. Supp. 537, 97 Daily Journal DAR 11968, 1997 A.M.C. 2606, 1997 U.S. Dist. LEXIS 10703, 1997 WL 413906 (C.D. Cal. 1997).

Opinion

[538]*538ORDER RE: Kajima’s Motion for Summary Judgment

COLLINS, District Judge.

Defendant KAJIMA ENGINEERING AND CONSTRUCTION, INC.’s Motion for Summary Judgment came on regularly for hearing before this Court on July 7, 1997. After reviewing the materials submitted by the parties, argument of counsel, and the case file, it is hereby ORDERED that Defendant’s Motion is GRANTED.

I.Procedural Background

On November 5, 1996 Plaintiff RALPH GIPSON (“Gipson”) filed a Complaint for damages against Defendant KAJIMA ENGINEERING AND CONSTRUCTION, INC., alleging that the Court has federal question jurisdiction over this action pursuant to the Jones Act, 46 U.S.C. App. § 688. On November 18,1996, Gipson filed a First Amended Complaint (“FAC”). On November 22, 1996, Kajima filed an Answer to Plaintiffs FAC. On February 3, 1997, Gipson filed a Motion for Leave to File a Second Amended Complaint. Kajima filed a Non-Opposition to the Motion and the Second Amended Complaint (“SAC”) was deemed filed on February 18,1997.

Gipson’s SAC incorporated three causes of action for: (1) negligence; (2) unseaworthiness; and (3) maintenance and cure. In relevant part, the SAC contains the following allegations:

1. During all times mentioned herein, Kajima was the owner and operator of a certain barge known as YFN-946 and a skiff (workboat). [See SAC ¶ 4],

2. At all times mentioned herein, Gipson, an employee of Kajima, was assigned to the crew of said barge as a piledriver/rigger and was an operator and crewman for said skiff. [See SAC ¶ 5].

3. On or about March 2, 1996, while said barge was in navigable waters in Los Angeles Harbor adjacent to the Henry Ford Bridge, Gipson suffered severe and disabling injuries aboard said barge when a coupling on a dredging pump exhaust hose being supported by a crane on said barge parted and caused the exhaust hose to fall on Gipson, severely injuring him. [See SAC ¶ 6].

4. Gipson is entitled to damages as a result of Kajima’s negligence, failure to provide a seaworthy vessel, and failure to pay maintenance and cure. [See SAC ¶¶ 6-15],

On May 9, 1997, Kajima filed the instant Motion for Summary Judgment. In brief, Kajima’s Motion is brought on the grounds that Gipson was not a seaman at the time of his injury and, therefore, has no cognizable claim under the Jones Act or under the general maritime law.1 On May 19, 1997, Gipson filed his Opposition to Kajima’s Motion. On May 27, 1997, Kajima filed its Reply.

II. Factual Background2

Defendant Kajima is a construction contractor hired to reconstruct the Badger Avenue Railroad Bridge, which crosses the Cerritos Channel of Los Angeles’ inner harbor at Henry Ford Avenue. The reconstruction involves reinforcement of the two bridge footings, replacement of the center span, and replacement of the lift mechanism. In order to reinfox-ce the submerged bildge footings, the footings are first enclosed by a cofferdam framed by a ring of coi’rugated sheets of steel driven into the river bottom. Seawater [539]*539is then pumped out of the cofferdam to create a dry work area. As the water level inside the cofferdam is lowered, steel I-beams are installed in rings around the inside perimeter of the cofferdams to resist the pressure of water outside the cofferdam. Once in place, the steel I-beams are referred to as the “whale frame.”

Plaintiff Gipson was dispatched by his union, Local 2375 of the Wilmington Pile Driver’s Union, to serve as a rigger and pile driver for Kajima in the reconstruction of the bridge. He was not assigned to any barge or skiff.3 Gipson’s duties were those of a general pile driver and required Mm to perform a variety of tasks on land, on the bridge, on the cofferdam whale frames, on floating work platforms, and in the skiff, as the exigencies of a given project demanded. However, while Gipson worked on a barge at times, he did not work for a barge. Much of the work he did on barge YFN-946 could have been performed either on the barge or on land. Further, the skiff was not assigned to one person and, while the bridge, cofferdams, and barges were all accessible by land, Gipson and all of the other pile driver/riggers operated and rode in the skiff as a convenient method of moving about the work site.

At all times relevant herein, Gipson lived in Long Beach, drove to the bridge work site each morning, and parked his car on the North side of the bridge by the Kajima offices. Gipson has never carried seaman’s papers, never worked on a ship at sea, and never held a Coast Guard license. On the other hand, he possesses a crane operator’s license, a Class One driver’s license (to operate semi-trucks needed to move cranes from place to place), a forklift operator’s license, and he is a certified welder.

Gipson’s Pre-Injury Duties at Kajima

Gipson worked for Kajima for just eight days before he was injured. On February 22, 1996, Gipson reported to Kajima’s project superintendent and was put to work building-wooden safety handrails on the bridge, which he did for two or three days. During that time, he was also required to exchange empty oxygen bottles for full bottles on the bridge and on the 4500 crane barge.

After building the handrails, Gipson was instructed to help lay an exhaust hose across the 200 foot channel. This task required Mm to load sand bags onto a wooden float,4 tie the bags to the exhaust hose, lower the hose into the channel from the wooden float, and connect the exhaust hose to the pump hose from the whale frame. The task also required the use of the skiff5 to help maneuver the wooden float. It took most of one day to lay the exhaust hose.

On his fourth day at Kajima, Gipson was required to remove debris from deck barge YFN-946. He then built a wooden ramp from shore to the barge so that a hydraulic crane could drive onto the barge, and he helped place the crane on the barge.

Deck barge YFN-946 was thirty feet wide and one hundred feet long. It had no navigational equipment, no lights, no means of self-propulsion, no crew quarters or shelter, no bilge pumps, and no deck winches, it was neither registered with nor inspected by the U.S. Coast Guard. The hydraulic crane was placed aboard barge YFN-946 for the purpose of handling and maneuvering the pump hoses used in evacuating the cofferdams.

On his fifth day, Gipson’s work included the following tasks: (1) He used barge YFN-946 as a situs for fabricating pad eyes from an H-beam, which took about four hours, and welding the pad eyes onto the deck of the barge to secure the crane; (2) He rigged equipment, which was lifted by the hydraulic crane, from barge YFN-946, from the bridge trestle, from the whale frame, and from other [540]*540barges; and (3) He cleaned debris from the deck of barge YFN-946.

On his sixth and seventh days at Kajima, Gipson constructed and connected the pump pipes and hoses to be used in evacuating the cofferdams, using the barge as his work platform. He connected twelve-foot pipe sections with rubber gaskets, clamps and turnbuckles, then attached the exhaust hose to the pipeline. Gipson also built a siphon, again using the barge as his work platform.

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972 F. Supp. 537, 97 Daily Journal DAR 11968, 1997 A.M.C. 2606, 1997 U.S. Dist. LEXIS 10703, 1997 WL 413906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gipson-v-kajima-engineering-construction-inc-cacd-1997.