Legal Opinion
Vasquez Ex Rel. Bautista v. GMD Shipyard Corp.
Court of Appeals for the Second Circuit
Decided September 15, 2009No. Docket 08-4566-cvPublishedCited by 39 opinions
1Opinion of the Court
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 fall, he stepped off the ladder in order to let a co-worker descend.
Medina’s estate, wife, and child (all represented by his wife)…
2Cases cited32 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Executive Jet Aviation, Inc. v. City of ClevelandSupreme Court of the United States · 1972
- Jerome B. Grubart, Inc. v. Great Lakes Dredge & Dock Co.Supreme Court of the United States · 1995
27 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Tandon v. Captain's Cove Marina of Bridgeport, Inc.Court of Appeals for the Second Circuit · 2014
- Ironshore Specialty Insurance Co. v. United StatesCourt of Appeals for the First Circuit · 2017
- MLC Fishing, Inc. v. VelezCourt of Appeals for the Second Circuit · 2011
- Maersk, Inc. v. NEEWRA, INC.District Court, S.D. New York · 2009
- Thomas and Agnes Carvel Foundation v. CarvelDistrict Court, S.D. New York · 2010
34 more not listed; retrieve them via the Exa API.