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NELSON v. UNITED STATES

Nos. 77-1345, 77-1767.

639 F.2d 469 (1980)

Phyllis M. NELSON, etc., Plaintiff-Appellee and Cross-Appellant, v. UNITED STATES of America, Defendant-Appellant and Cross-Appellee, v. DUNCANSON-HARRELSON CO., Third Party Defendant, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 1, 1980.

Rehearing Denied January 29, 1981.

Attorney(s) appearing for the Case

Martin J. Jarvis, Jarvis, Miller & Brodsky, Inc., San Francisco, Cal., on brief; John T. Murphy, Modesto, Cal., argued, for Nelson.

Thomas G. Wilson, Asst. U. S. Atty., San Francisco, Cal., John Simonson, Ropers, Majeski, Kohn, Bentley & Wagner, Redwood City, Cal., for Duncanson-Harrelson.

Before MERRILL and KENNEDY, Circuit Judges, and KING, District Judge.

KENNEDY, Circuit Judge:

The principal question in this admiralty case is whether or not the Government owes a duty of care to the employees of an independent contractor which has been engaged by the Government to perform hazardous maritime work.

Appellee Phyllis M. Nelson sued the United States under the Suits in Admiralty Act, 46 U.S.C. §§ 741-752 (1976), and pursuant to 28 U.S.C. §§ 1333(1) (1976) for negligence which, she alleged, caused...

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