The opinion of the court was delivered by: ROSENBERG
This matter is before me on motions for summary judgment by both defendants, Pittsburgh Coal Company, a Division of Consolidation Coal Company (Consol) and Campbell Barge Lines (Campbell) against the plaintiff, Helmut B. Specht. The defendants' motions are based upon the record of this case, which consists of the plaintiff's deposition of November 22, 1974 and uncontradicted answers of the defendant to the plaintiff's interrogatories. From all of these certain uncontradicted essential facts appear which lend a foundation to the elements of law which must be applied in this case. The plaintiff Specht was the employee of the defendant Consol who was contracted to repair the M/V D.J. Johnson owned by Campbell.
From the allegations of the complaint, the averments as set forth in the pretrial statement as filed by the plaintiff, and from the deposition of the plaintiff, it is undisputed that the plaintiff was attempting to remove external rubber stripping from the defendant Campbell's vessel, the M/V Johnson, and while so engaged, the old rubber stripping which he was removing flew backwards, knocked him off the scaffolding and injured him. The plaintiff alleges that while performing this function he was engaged as a seaman and that while working on the scaffolding alongside the M/V Johnson, he was injured permanently.
From the record the facts appear that the defendant, Campbell had contracted with the defendant Consol to do specific repair work on the M/V Johnson at the defendant Consol's Marine Ways adjacent to the Monongahela River, Elizabeth, Pennsylvania, and that the vessel was out of the water resting on a cradle on shore while the contracted repairs were being done. It was also undisputed that the Marine Ways' function is to repair towboats, barges and other vessels, mechanically and structurally.
The plaintiff alleges jurisdiction under the Jones Act, 46 U.S.C. § 688 et seq. and under applicable maritime laws, together with the doctrine of pendent jurisdiction. He contends different theories of liability for each defendant. As to the defendant Consol, his employer, the plaintiff contends that:
(1) it was negligent in violation of the Jones Act by
(a) failing to provide a safe place to work;
(b) failing to provide seaworthy facilities and equipment;
(c) failing to provide a sufficient crew;
(d) failing to provide a competent crew;
(e) requiring the plaintiff to place himself in a dangerous position;
(f) failure to warn of dangers; and
(2) it failed to provide the plaintiff with a seaworthy vessel and equipment, which resulted in the plaintiff's injury. The plaintiff also contends that the defendant employer Consol ...