PAVENTE v. UNITED STATES

Civ. No. 17051.

180 F.Supp. 816 (1959)

Joseph PAVENTE, Plaintiff, v. UNITED STATES of America, Defendant and Third-Party Plaintiff (American Stevedores, Inc., Third-Party Defendant).

United States District Court E. D. New York.

December 28, 1959.


Attorney(s) appearing for the Case

Eugene A. Tomei, Brooklyn, N. Y., for plaintiff. Benjamin J. Sergi, Brooklyn, N. Y., of counsel.

Cornelius W. Wickersham, Jr., U. S. Atty., Brooklyn, N. Y., for defendant and third-party plaintiff. Walter L. Hopkins, New York City, of counsel.

Garvey & Conway, New York City, for third-party defendant. George Conway, New York City, of counsel.


BRUCHHAUSEN, Chief Judge.

The plaintiff seeks damages for personal injuries pursuant to the Tort Claims Act, 28 U.S.C. § 1346.

It is not disputed that on August 9, 1956, the date of the alleged accident, plaintiff was employed as a longshoreman by the third-party defendant, American Stevedores, Inc.; that from 8 A.M. on that day until about 4:15 P.M., the time of the alleged accident, he was engaged in conveying heavy cartons of merchandise by means of...

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