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CAPOZZIELLO v. BRASILEIRO

Nos. 734, 751, Dockets 35488, 35495.

443 F.2d 1155 (1971)

Anthony CAPOZZIELLO, Plaintiff-Appellee, v. Lloyd BRASILEIRO, Defendant-Third Party Plaintiff-Appellant-Appellee, v. JOHN W. McGRATH CORP., Third Party Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 24, 1971.

Attorney(s) appearing for the Case

Benjamin E. Haller, New York City (Purrington & McConnell and Frank J. McConnell, New York City, on the brief), for defendant-third party plaintiff-appellant-appellee.

James M. Leonard, New York City (McHugh, Heckman, Smith & Leonard, Maurice F. Beshlian, and James M. Kenny, New York City, on the brief), for third-party defendant-appellant.

Kahart K. Mopper, New York City (Israel & Taubenblatt, New York City, on the brief), for plaintiff-appellee.

Before FRIENDLY, Chief Judge, and ANDERSON, Circuit Judge, and LEVET, District Judge.

ANDERSON, Circuit Judge:

The plaintiff is a longshoreman employed by the John W. McGrath Corp. (McGrath). On July 28, 1967 he was one of three winchmen assigned to operate the winches at the No. 2 hatch of the M/S Lloyd Uruguai, owned by Lloyd Brasileiro (Lloyd). The three men worked alternately in one-half hour shifts, and the plaintiff was injured as he was about to take his turn at operating the winch. He was walking around the port winch when he slipped and fell...

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