Mitchell v. Reardon Smith Line, Ltd.

372 S.E.2d 395, 236 Va. 212, 5 Va. Law Rep. 643, 1989 A.M.C. 840, 1988 Va. LEXIS 132
CourtSupreme Court of Virginia
DecidedSeptember 23, 1988
DocketRecord No. 850609
StatusPublished

This text of 372 S.E.2d 395 (Mitchell v. Reardon Smith Line, Ltd.) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mitchell v. Reardon Smith Line, Ltd., 372 S.E.2d 395, 236 Va. 212, 5 Va. Law Rep. 643, 1989 A.M.C. 840, 1988 Va. LEXIS 132 (Va. 1988).

Opinion

WHITING, J.,

delivered the opinion of the Court.

[214]*214In this appeal of a maritime personal injury case, we determine the sufficiency of the evidence to create jury issues (1) whether the owners of a large ship should have tested welded turnbuckles before using them to secure cargo containers to the deck, and (2) whether the captain of the ship should have altered its course to minimize the effect of wind and waves upon it in order to avoid injury to the crewmen working on deck.

Anthony Maxwell Webb Mitchell recovered a verdict against his employer, Reardon Smith Line, Ltd. (Reardon Smith), for personal injuries he sustained on Reardon Smith’s ship while it was at sea. The trial court set the verdict aside, and we granted Mitchell an appeal. Because the jury rendered a verdict in favor of Mitchell, we state the facts in the light most favorable to him. Deskins v. T. H. Nichols Line Contractor, Inc., 234 Va. 185, 186, 361 S.E. 2d 125, 125 (1987).

On October 14, 1981, Mitchell came aboard Reardon Smith’s ship, the Devon City, as its first officer, while it was being loaded in Baltimore, Maryland. The ship is a five-hatch general cargo vessel almost 600 feet long and about 82 feet wide. Reardon Smith had chartered the ship to South African Marine Corporation, Ltd. (SA Marine). SA Marine subsequently engaged Atlantic & Gulf Stevedores, Inc. (Stevedores), to load the ship with cargo packed in containers and arranged for Egan Marine Contracting Company, Inc. (Egan), to lash the containers to the deck.

Egan lashed cargo containers to the deck on the port and starboard sides of four centrally located hatches. Egan tightened and secured the lashing wire with welded jaw turnbuckles or bottle screws it had purchased from Industrial Sales Company (Industrial). These turnbuckles were designed to be used only once and discarded. Egan had been using this kind of turnbuckle without mishap for more than 20 years.

For a number of years, Egan had been buying these disposable turnbuckles in quantities of 5,000 to 20,000 from Industrial, the largest supplier of such equipment in Baltimore. At the time of each purchase, Egan had Industrial test one or two sample turnbuckles for tensile strength in the presence of one of Egan’s representatives. Those tests indicated that the sample turnbuckles had an ultimate tensile strength capable of securing cargoes weighing 22,000 to 24,000 pounds. Industrial also made its own tests of the turnbuckles purchased from Won Lim and Co., Ltd. (Won Lim), a South Korean manufacturer. Won Lim also supplied Industrial [215]*215with certificates of testing indicating that the turnbuckles tested from 21,000 to 24,000 pounds of ultimate tensile strength.

Egan secured each of the four corners of the containers with lashing wire, tightening and securing the lashings with the customary number of turnbuckles. In the discharge of one of his duties as first officer, Mitchell inspected and approved the completed lashing.

Loaded with cargo, the Devon City, having about 15 feet of freeboard,

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Related

Brown v. Koulizakis
331 S.E.2d 440 (Supreme Court of Virginia, 1985)
Fobbs v. Webb Building Ltd. Partnership
349 S.E.2d 355 (Supreme Court of Virginia, 1986)
Avocet Development Corp. v. McLean Bank
364 S.E.2d 757 (Supreme Court of Virginia, 1988)
Deskins v. T. H. Nichols Line Contractor, Inc.
361 S.E.2d 125 (Supreme Court of Virginia, 1987)

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Bluebook (online)
372 S.E.2d 395, 236 Va. 212, 5 Va. Law Rep. 643, 1989 A.M.C. 840, 1988 Va. LEXIS 132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-reardon-smith-line-ltd-va-1988.