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HERTEL v. AMERICAN EXPORT LINES, INC.

225 F.Supp. 703 (1964)

Joseph HERTEL, Plaintiff, v. AMERICAN EXPORT LINES, INC., Defendant.

United States District Court S. D. New York.

January 3, 1964.

Attorney(s) appearing for the Case

Jacob Rassner, New York City, for plaintiff. Donald D. Olman, New York City, of counsel.

Hanner, Fitzmaurice & Onorato, New York City, for defendant. James G. Barron, Jackson Heights, N. Y., of counsel.

WEINFELD, District Judge.

The plaintiff, a longshoreman injured aboard a vessel owned by his employer, seeks by his amended complaint to recover damages upon two claims:

(1) breach of warranty of seaworthiness, and

(2) negligence under the Jones Act.

He now moves to strike as legally insufficient the defense interposed by the employer shipowner that plaintiff's sole and exclusive remedy is under the Longshoremen's and Harbor Workers' Compensation...

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