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BONCICH v. M. P. HOWLETT

October 26, 1976

Regina BONCICH, Administratrix of the Estate of John Boncich, Deceased, Plaintiff,
v.
M. P. HOWLETT, INC. and American Chain & Cable Company, Inc., Defendants. Complaint of M. P. HOWLETT, INC., Plaintiff, as owner of the BARGE M. P. HOWLETT # 19, in a cause of Exoneration from or Limitation of Liability. BALTIC STEAMSHIP COMPANY, Plaintiff, v. INTERNATIONAL TERMINAL & OPERATING COMPANY, INC., and American Chain and Cable Company, Inc., Defendants



The opinion of the court was delivered by: PRATT

MEMORANDUM AND ORDER

 GEORGE C. PRATT, District Judge.

 PRELIMINARY STATEMENT

 On March 5, 1974, the floating steel barge M. P. HOWLETT # 19 was engaged in loading and unloading cargo containers from the Soviet vessel m/v NOVOLVOVSK at a Brooklyn, New York pier. At about 5:30 P.M. a topping lift cable of the barge's crane parted and the boom fell to the deck of the barge. After the incident, two longshoremen, John Boncich and Frank Mignano, employees of the International Terminal and Operating Company, were found injured and the m/v NOVOLVOVSK sustained damage to its hull. John Boncich subsequently died from his injuries.

 To date, this occurrence has spawned a total of six actions which are now pending before this court:

 74 C 1837. By Regina Boncich, as administratrix of the estate of John Boncich, for wrongful death and conscious pain and suffering against M. P. Howlett, Inc., (Howlett) the barge owner, in negligence; and against American Chain and Cable Company, the purported manufacturer and seller of the allegedly defective crane cable, for negligence, breach of warranty, and strict tort liability.

 75 C 394. By Howlett, for exoneration and limitation of liability pursuant to 46 U.S.C. §§ 182-88.

 75 C 1039. By Baltic Steamship Company, the owner of the m/v NOVOLVOVSK, for property damage against International Terminal and Operating Company, the stevedore, for negligence and breach of warranty of workmanlike service; and against American Chain and Cable for negligence, breach of warranty, and strict tort liability.

 75 C 1549. By Baltic Steamship Company against Jones and Loughlin Steel Corp., as purported designer, manufacturer, assembler, inspector, and vendor of the allegedly defective cable, for negligence, breach of warranty, and strict tort liability.

 75 C 1550. By Regina Boncich against Jones and Loughlin Steel Corp. for negligence, breach of warranty, and strict tort liability.

 76 C 310. By Frank Mignano, the other injured longshoreman, against Howlett, for personal injuries in negligence. (Proceedings against original codefendant American Chain and Cable were discontinued by Mignano without prejudice.)

 By the instant motion, Regina Boncich seeks to amend her complaint in the negligence action against Howlett, (74 C 1837) and her claim and answer in the exoneration/limitation proceeding (75 C 394) to include a claim in strict tort liability against Howlett. In addition, the motion seeks to consolidate both these actions with the Baltic Steamship action for property damage (75 C 1039). For the reasons discussed below, both motions are in all respects denied.

 STRICT TORT LIABILITY CLAIM

 Regina Boncich's claims against Howlett, for wrongful death and pain and suffering are governed by the Longshoremen's and Harbor Workers' Compensation Act (LAHWCA), 33 U.S.C. §§ 901-50. Of particular ...


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