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DAVIS v. FLOTA MERCANTE GRANCOLOMBIANA, S. A.

No. 77 Civil 3946 (MP).

461 F.Supp. 20 (1978)

Willie DAVIS, Plaintiff, v. FLOTA MERCANTE GRANCOLOMBIANA, S. A., Defendant.

United States District Court, S. D. New York.

February 2, 1978.

Attorney(s) appearing for the Case

Zimmerman & Zimmerman, New York City, for plaintiff; Edward D. Lory, New York City, of counsel.

Giallorenzi & Stiles, New York City, for defendant; Thomas Stiles, and Edward A. Keane, New York City, of counsel.

OPINION

POLLACK, District Judge.

The sole issue herein on the question of liability is whether the injury to plaintiff is attributable to negligence or fault of the defendant shipowner. The stevedore by whom the plaintiff was employed to unload the coffee cargo was given and had complete control of the area of the accident and the manner of performing the work at the time.

There is no proof of any defect in the ship's gear, the equipment or facilities...

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