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Smith v. Isthmian Lines

United States District Court, E.D. New York
Apr 2, 1957
159 F. Supp. 459 (E.D.N.Y. 1957)

Summary

In Smith v. Isthmian Lines, Inc., 159 F. Supp. 459, this Court, by Chief Judge Robert A. Inch, held that there was a conflict of interests between Smith and Liberty Mutual.

Summary of this case from D'Amante v. Isthmian Lines

Opinion

Civ. 16826.

April 2, 1957.

Philip F. DiCostanzo, Brooklyn, N.Y., for plaintiff.

Thomas F. Keane, Brooklyn, N.Y., for defendant.


Action by longshoreman against owner of vessel for personal injuries due to its negligence. Defendant moves to dismiss complaint on ground that, because of plaintiff's acceptance of compensation under Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. § 901 et seq., his rights against defendant have been assigned to his employer and its insurer.

In view of the fact that insurer of plaintiff's employer is also insurer of defendant and the resultant conflict of interests between plaintiff's employer and its insurer and plaintiff, the assignment of plaintiff's rights against defendant to his employer and its insurer does not preclude plaintiff from bringing this action and enforcing those rights therein (Czaplicki v. The Hoegh Silvercloud, 351 U.S. 525, 76 S.Ct. 946, 100 L.Ed. 1387). Therefore, defendant's motion is denied.

Settle order.


Summaries of

Smith v. Isthmian Lines

United States District Court, E.D. New York
Apr 2, 1957
159 F. Supp. 459 (E.D.N.Y. 1957)

In Smith v. Isthmian Lines, Inc., 159 F. Supp. 459, this Court, by Chief Judge Robert A. Inch, held that there was a conflict of interests between Smith and Liberty Mutual.

Summary of this case from D'Amante v. Isthmian Lines
Case details for

Smith v. Isthmian Lines

Case Details

Full title:Len Allen SMITH, Plaintiff, v. ISTHMIAN LINES, Inc., Defendant

Court:United States District Court, E.D. New York

Date published: Apr 2, 1957

Citations

159 F. Supp. 459 (E.D.N.Y. 1957)

Citing Cases

D'Amante v. Isthmian Lines

There is a conflict of interests between Liberty Mutual and D'Amante which Liberty Mutual concedes in its…