Ryan v. Ballard Marine, LLC

Background

Mark Ryan sued Ballard Marine, LLC; Ballard Marine Construction, LLC; Tappan Zee Constructors, LLC (TZC); Resolve Marine Services, Inc.; and Resolve Marine Group, Inc. He asserted common-law claims, claims under the Longshore and Harbor Workers’ Compensation Act (LHWCA), and claims under the New York Labor Law (NYLL). His claims alleged that the defendants furnished an unseaworthy vessel, acted negligently, owed him compensation under the LHWCA, and violated the NYLL.

The dispute arose from demolition of the Tappan Zee Bridge’s East Anchor Span. TZC was the general contractor, and the other defendants were subcontractors. Resolve prepared the demolition plan and performed salvage work. Ballard employed Ryan and provided commercial diving services. During diving work on May 20, 2019, Ryan’s hand became caught between the East Anchor Span and a barge, severing several fingers. TZC owned the barges and the BlueView Sonar equipment made available to Ballard, while Ballard employees manned the barges.

Resolve and TZC moved for summary judgment, asking the court to rule in their favor without a trial because they contended that the record showed no genuine dispute of material fact. Ryan did not file opposition to either motion.

Court’s analysis

The court held that Ryan failed to establish an unseaworthiness claim against either defendant. Resolve was neither the vessel’s owner nor its owner for the relevant temporary legal purposes, and the record showed no connection between Resolve and the vessel. Although TZC owned the vessel, the court found that the record did not show that the vessel or crew was unseaworthy or that the vessel caused Ryan’s injury. The court also stated that the record did not establish that Ballard’s supervisor’s alleged failure to remove Ryan from the water showed that the crew was unfit for commercial diving.

The court also rejected Ryan’s negligence claims against TZC and Resolve. It found no evidence that either defendant breached a duty in a way that caused the injury. Ryan’s testimony attributed the failure to Ballard’s supervisor and stated that Resolve performed its work competently and that Ballard, rather than TZC, provided direction and supervision.

The court rejected Ryan’s LHWCA claims. It did not decide whether Ryan was a covered employee as a commercial diver because, under the duties applicable to vessel owners and others covered by the statute, the record contained no evidence that TZC or Resolve negligently turned over an unsafe vessel, actively involved itself in the operations that caused the injury, or knew of a danger requiring intervention.

The court rejected Ryan’s NYLL § 200 claim because there was no evidence that TZC or Resolve exercised enough control over the relevant operations or had actual or constructive notice of a dangerous condition. It also rejected the NYLL § 240(1) claim because the injury resulted from a pinch point caused by current and movement of the suspended structure, not from the type of elevation-related accident or failure of a listed safety device covered by that provision. Finally, the court rejected the NYLL § 241(6) claim because Ryan cited the Department of Labor Code generally rather than identifying a specific safety provision containing a concrete command.

Indemnity claims

TZC and Resolve asserted indemnity cross-claims against each other. TZC relied on its contract with Ballard. Resolve relied on its later contract with TZC, which the court found provided broader indemnity coverage. Applying New York contract principles, the court concluded that the later contract concerning the same subject matter superseded the earlier contract and that TZC’s contract with Resolve required TZC to indemnify Resolve.

Disposition

The court granted TZC’s motion for summary judgment in part and denied it in part. It granted TZC summary judgment on Ryan’s claims for unseaworthiness, negligence, LHWCA relief, and NYLL violations. It denied TZC’s cross-claim for indemnification against Resolve, while TZC’s cross-claim against Ryan remained.

The court granted Resolve’s motion for summary judgment in full. It granted Resolve summary judgment on Ryan’s unseaworthiness, negligence, LHWCA, and NYLL claims, and granted Resolve’s cross-claim for indemnification against TZC. The court directed the clerk to terminate the motions and to terminate TZC and the Resolve defendants. Ryan’s claims against Ballard Marine, LLC and Ballard Marine Construction, LLC remained, as did those companies’ cross-claims against Resolve and TZC.