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SOTELL v. MARITIME OVERSEAS INC.

Nos. 394, 478, Dockets 35036, 34986.

474 F.2d 794 (1973)

Nick SOTELL, Plaintiff-Appellant, v. MARITIME OVERSEAS INC., and Ocean Transportation Co., Inc., Defendants-Appellees. OCEAN TRANSPORTATION COMPANY INCORPORATED, Defendant and Third Party Plaintiff-Appellant, v. WESTINGHOUSE ELECTRIC CORP., and New York Shipbuilding Corp., Third Party Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 26, 1973.

Attorney(s) appearing for the Case

Ned R. Phillips, New York City (Abraham E. Freedman, New York City, on the brief), for plaintiff-appellant.

William P. Kain, Jr., New York City (Haight, Gardner, Poor & Havens, Hollis M. Walker, Jr., and Richard A. Corwin, New York City, on the brief), for defendants-appellees and defendant and third party plaintiff-appellant.

Before ANDERSON, FEINBERG and MULLIGAN, Circuit Judges.

ROBERT P. ANDERSON, Circuit Judge:

Nick Sotell, a sixty-five year old seaman with over forty years of sailing experience, was serving as Second Assistant Engineer aboard the t/s Ocean Ulla, owned and managed respectively by the defendants Ocean Transportation Co. and Maritime Overseas, Inc. (shipowner), when, on October 4, 1965, a turbine explosion in the port forced draft blower ripped loose pieces of asbestos insulation which injured him. He brought this...

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