Manu v. United States

323 F. Supp. 3d 1346
CourtUnited States Circuit Court
DecidedJune 6, 2018
DocketCIVIL ACTION NO. 17-00153-KD-B
StatusPublished
Cited by1 cases

This text of 323 F. Supp. 3d 1346 (Manu v. United States) is published on Counsel Stack Legal Research, covering United States Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Manu v. United States, 323 F. Supp. 3d 1346 (uscirct 2018).

Opinion

KRISTI K. DuBOSE, CHIEF UNITED STATES DISTRICT JUDGE

The age-old question of how many people does it take to change a light bulb has reached federal court. The matter is currently before the undersigned on Defendant's motion for summary judgment. (Doc. 52-54). Defendant contends it only takes one Second Engineer to change a light bulb. Plaintiff asserts, for the first time in his response, that assigning less than two people is proof that the Chief Engineer of the vessel was negligent under the Jones Act. Moreover, Plaintiff alleges that the ship was unseaworthy because he was not provided with the "safe, proper working and operational illumination" he needed to change the light bulb and because Defendant failed to warn him of the threshold in the doorway to the Tech Library. Upon consideration, and for the reasons set forth herein, the motion for summary judgment is GRANTED.

I. Factual and procedural background 2

Plaintiff Kwasi Boafo Manu has been a seafarer since 1972. On October 20, 2014, he signed aboard the USNS Gordon as the vessel's Second Assistant Engineer. A Second Engineer is responsible for maintenance of the vessel. Typically, "Plaintiff received his assignments from the First Engineer or the Chief Engineer every morning." (Doc. 58, Plaintiff's response, p. 1) On the morning of January 4, 2015, the vessel was in port at reduced operational status. The Chief Engineer assigned Plaintiff to relamp the vessel, i.e. , check light fixtures for proper operation and replace burned out light bulbs.3 "Relamping is one of Plaintiff's regular duties." (Doc. 58, p. 2). "When relamping is done during the regular work week there are 2 people assigned *1349to the task together." (Id.) "Because it was Sunday and three of the engineering crew members were off duty, [the Chief Engineer] assigned Plaintiff to carry out the task alone." (Id.).

"After receiving his assignment from the Chief Engineer, Plaintiff gathered a ladder, fluorescent light bulbs, and his tool bag and began going from room to room on the vessel checking to see if the lights needed replacing." (Doc. 58, p. 2) "Plaintiff ultimately ended up in the tech library which is on a different level from where he attained the ladder, bulbs, and tool box." (Id.) "Plaintiff knew that there was a bulb out in the tech library so he didn't have to check to see if that worked." (Id.).

"When he reached the tech library, he immediately attempted to walk through the door with a ladder over his shoulder, his tool bag in his hand and the bulbs in his other hand." (Doc. 58, p. 2). "As Plaintiff entered the tech library he tripped over the raised threshold at the door[.]" (Id.) "While [Plaintiff] was aware of the raised threshold, he tripped because his attention was directed at entering the narrow door with a ladder, tool box and bulbs and therefore he wasn't looking at the threshold." (Id.) Plaintiff knew the raised threshold was there as well as other thresholds throughout the ship. (Doc. 53, p. 5).

Plaintiff testified that he tripped and fell on his shoulder because

The illumination was only from the alley, and my back was facing the alley. So, the Tech Library was a little bit darker. That was one factor. Then I was carrying a ladder and a bag and a bulb at the same time, so I had to concentrate - - - my attention was divided. You know, when you have a ladder in the alley, you don't want to knock - - I was concentrating on that one also. That was when I tripped and fell on my shoulder.

(Doc. 53, p. 5).

Plaintiff testified that there was no reason he did not take the ladder, bag, and tools into the Tech Library one at a time (Doc. 53, p. 6). He was not in a hurry and did not have a timeline (Id., p. 8). With respect to darkness, Plaintiff testified that he had a headlamp, but did not use it (Id., p. 7).

The Chief Engineer testified that lamping rounds do not customarily require two seamen. (Doc. 53, p. 8). He also testified that changing the light bulbs in the accommodation area, where the Tech Library is located, does not require a crewman to ascend more than one or two rungs on a ladder. Therefore, he did not consider this to be a two-crewman task. (Doc. 59, p. 5)4

On March 31, 2015, after several medical examinations, Plaintiff was ultimately diagnosed with a torn rotator cuff and a broken bone. He had surgery to repair the injury. On February 5, 2016, one year later, Plaintiff's treating physician released *1350him to return to work without restrictions. Plaintiff was found fit for duty without restrictions following his March 15, 2016 and March 6, 2017 physical examinations.

On December 16, 2016, Plaintiff filed a three-count Complaint against the United States alleging (1) Jones Act negligence; (2) unseaworthiness; and (3) unpaid maintenance and cure benefits, all arising from the trip and fall accident (doc. 1). Defendant's motion for summary judgment as to all counts is now pending before the Court.

II. Conclusions of Law

A. Standard of Review

"The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a) (Dec. 2010). Defendant, as the party seeking summary judgment bears "the initial burden to show the district court, by reference to materials on file, that there are no genuine issues of material fact that should be decided at trial." Clark v. Coats & Clark, Inc. , 929 F.2d 604, 608 (11th Cir. 1991). The party seeking summary judgment "always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of 'the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,' which it believes demonstrate the absence of a genuine issue of material fact." Clark , 929 F.2d at 608 (quoting Celotex Corp. v. Catrett , 477 U.S. 317, 323, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986) ). In deciding whether the Defendant has met this initial burden, the Court must review the record and draw all reasonable inferences therefrom in a light most favorable to Plaintiff, as the non-moving party. See Whatley v. CNA Ins. Co. ,

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Bluebook (online)
323 F. Supp. 3d 1346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manu-v-united-states-uscirct-2018.