Legal Opinion

Palestina v. Fernandez

Court of Appeals for the Fifth Circuit

Decided March 28, 1983No. 81-3540PublishedCited by 20 opinions

1Opinion of the Court

WISDOM, Circuit Judge:

This is an appeal from a judgment holding a boat owner liable for damages suf*439fered in a collision between a vessel operated by the decedent and the owner’s vessel negligently operated by a part-time employee after working hours. We reverse.

The surviving spouse and children of Philip Palestina brought this wrongful death action against August Fernandez and Vic Molero, d/b/a Vic’s Frozen Seafood and Vic’s Boat Rental, Inc., under the general maritime law. Fernandez, a part-time employee of Molero, worked as a gill fisherman, and on the day of the accident, October 24,…

2Cases cited10 opinions

  1. Foremost Insurance v. RichardsonSupreme Court of the United States · 1982
  2. Alcoa Steamship Company, Inc. v. Charles Ferran & Company, Inc., Charles Ferran & Company, Inc. v. Alcoa Steamship Company, Inc.Court of Appeals for the Fifth Circuit · 1967
  3. Thomas Baggett v. Charlie B. Richardson and James MartinCourt of Appeals for the Fifth Circuit · 1973
  4. Robert B. Mider v. United StatesCourt of Appeals for the Sixth Circuit · 1963
  5. Normand v. City of New OrleansLouisiana Court of Appeal · 1978

5 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Coastal Fuels Marketing, Inc. v. Florida Express Shipping Co.Court of Appeals for the Eleventh Circuit · 2000
  2. Green v. Industrial Helicopters, Inc.Supreme Court of Louisiana · 1992
  3. Joseph Daniel Brockington v. Certified Electric, Inc., Gerald RaineCourt of Appeals for the Eleventh Circuit · 1990
  4. Mayo v. Nissan Motor Corp.Louisiana Court of Appeal · 1994
  5. Transco Syndicate 1, Ltd. v. Bollinger Shipyards, Inc.District Court, E.D. Louisiana · 1998

15 more not listed; retrieve them via the Exa API.

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