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ICABALZETA v. SEA-LAND SERVICES

276 N.J. Super. 509 (1994)

648 A.2d 279

ALEJANDRA ICABALZETA, TO BE APPOINTED GENERAL ADMINISTRATRIX OF THE ESTATE OF FEDERICO ICABALZETA AND ALEJANDRA ICABALZETA, AS ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF FEDERICO ICABALZETA AND REINA ISABEL LOAISAGA, PLAINTIFFS-APPELLANTS, v. SEA-LAND SERVICES, INC., A CORPORATION DOING BUSINESS IN THE STATE OF NEW JERSEY, AND JOHN DOE AND ABC CORP. (NAMES BEING FICTITIOUS, CURRENTLY UNIDENTIFIED OWNERS, OPERATORS AND MAINTAINERS OF A VESSEL AND ITS APPURTENANCES) AND THE M/V COMMITMENT, HER ENGINES, BOILERS AND APPURTENANCES, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 20, 1994.

Attorney(s) appearing for the Case

Richard M. Winograd argued the cause for appellants (Ginarte & O'Dwyer, attorneys; Mr. Winograd, on the brief).

James W. Bartlett, III, argued the cause for respondent Sea-Land Services, Inc. (Wilson, Elser, Moskowitz, Edelman & Dicker, attorneys; William J. Riina, of counsel; Mr. Riina and Mr. Bartlett, on the brief).

Before Judges SHEBELL, SKILLMAN and KLEINER.

The opinion of the court was delivered by SKILLMAN, J.A.D.

This is an appeal from a summary judgment in favor of defendant Sea-Land Services, Inc. (Sea-Land) in a wrongful death action brought pursuant to section 905(b) of the Longshore and Harbor Workers' Compensation Act. 33 U.S.C. § 901 to § 950. Sea-Land is the owner of the ship on which the fatal accident occurred. Decedent was an employee of Coastwide Marine & Ship Services, Inc. (Coastwide...

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