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VASQUEZ v. GMD SHIPYARD CORP.

Docket No. 08-4566-cv.

582 F.3d 293 (2009)

Cira Bautista VASQUEZ, individually, on behalf of Victor Arturo Medina Bautista, a minor and as Representative of the Estate of Gumersindo Medina Duarte, deceased, also known as Arturo Medina Duarte, Plaintiff-Appellant, v. GMD SHIPYARD CORP., Defendant-Cross-Claimant-Cross-Defendant-Appellee. Allied Transportation LLC, as Owner and Operator of T/B ATC 23, Defendant-Cross-Claimant-Cross-Defendant, FCE Industries, Ltd., Defendant-Cross-Defendant.

United States Court of Appeals, Second Circuit.

Decided: September 15, 2009.

Attorney(s) appearing for the Case

Wendy Fleishman, Lieff, Cabraser, Heimann & Bernstein LLP, New York, NY, for Appellant.

Joseph E. Donat (John F. Gaffney, on the brief) Herzfeld & Rubin, P.C., for Appellee.

Before: JACOBS, Chief Judge, NEWMAN, Circuit Judge, and TRAGER, District Judge.

DENNIS JACOBS, Chief Judge:

Decedent Gumersindo Medina Duarte ("Medina") died in a tragic accident while working aboard the Tank Barge ATC 23 on January 23, 2007. The vessel was in a "graving dock," a species of dry dock, at the Brooklyn Navy Yard. Medina, who was working on the floor of a tank, needed to get to the upper deck to adjust the regulator for his torch, and began climbing a ladder affixed to the tank wall. It is undisputed that, immediately prior to his...

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