Opinion
CIVIL ACTION NO. 01-2634, SECTION "C" (5).
June 11, 2003.
MINUTE ENTRY
IT IS ORDERED that the motion for new trial and/or rehearing on motion for summary judgment filed by the plaintiff is DENIED. The plaintiff testified that the grease in which he fell came from the crane because he had previously encountered grease on the deck. (Depo. Irvin, pp 75-76). Even if the plaintiff had not encountered grease in the exact spot where he fell, he can not state a claim against the shipowner under Scindia Steam Navigation Co. V. De Los Santos, 451 U.S. 156 (1981). The undisputed facts do not indicate that the ship knew of the grease in which he fell, that it was a hidden defect of which the ship failed to warn, and do not support the claim that the ship failed to exercise reasonable care in areas of "active control" or failed to intervene. Instead, the plaintiff testified that he previously encountered grease from the crane, that the grease was distinguishable from the ledge, that the ship provided an alternative and safe path in the area, that the ship responded to complaints and that his employer cleaned up grease encountered in work areas.