Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

NOVICK v. UNITED STATES

March 29, 1971

Bernard P. NOVICK
v.
UNITED STATES of America


Ditter, District Judge.


The opinion of the court was delivered by: DITTER

DITTER, District Judge.

 In this case, a merchant seaman was injured while boarding a launch which was to return him to his ship following shore leave.

 As a result of stipulations by the parties and depositions submitted to the court, I make the following:

 FINDINGS OF FACT

 1. The plaintiff, Bernard Novick, is a 53-year old American seaman.

 3. He was injured in the course of returning to the vessel from shore leave at approximately 11:40 P.M. on July 27, 1967.

 4. A launch had been provided by the vessel's agents to transport the crew members ashore and back to the ship without charge to members of the crew. Plaintiff was injured while in the process of boarding this launch. which was owned by Philippine Marine Navigation, Inc.

 5. Due to a choppy sea, the launch moved up and down through a distance of five to six feet at the time plaintiff was about to board it.

 6. No ladder or other device was provided by the launch to assist the plaintiff aboard.

 7. In order to get aboard, the plaintiff had to jump into the launch.

 8. A member of the launch crew grasped plaintiff's hand in an attempt to help him aboard.

 9. Although the launch began to dip in the choppy sea and despite plaintiff's request to the launch crewman to be released, the crewman held tight, pulling ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.