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SOCIETA PER AZIONI DE NAVIGAZIONE v. CITY OF L.A.

Docket No. L.A. 31387.

31 Cal.3d 446 (1982)

645 P.2d 102

183 Cal. Rptr. 51

SOCIETA PER AZIONI DE NAVIGAZIONE ITALIA, Plaintiff and Appellant, v. CITY OF LOS ANGELES, Defendant and Appellant.

Supreme Court of California.

May 24, 1982.

Attorney(s) appearing for the Case

COUNSEL

Lillick, McHose & Charles and Francis J. MacLaughlin for Plaintiff and Appellant.

Burt Pines and Ira Reiner, City Attorneys, James H. Pearson and Jerome Montgomery, Sr., Assistant City Attorneys, and Raymond P. Bender, Deputy City Attorney, for Defendant and Appellant.

OPINION

BIRD, C.J.

This maritime case presents a number of questions. (1) Which appellant must bear the ultimate liability for collision damage proximately caused by the negligence of a municipal harbor pilot? (2) May the City of Los Angeles (City) avoid liability by invoking the "borrowed servant" doctrine? (3) Are the sweeping immunity provisions of the City's port tariff valid and enforceable?

I.

Plaintiff, Societa...

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