Legal Opinion
Mack J. Moore v. Phillips Petroleum Company, Odeco Oil & Gas Company
Court of Appeals for the Fifth Circuit
Decided September 21, 1990No. 90-3065PublishedCited by 41 opinions
1Opinion of the Court
CLARK, Chief Judge:
The issue in this case is whether a time charterer may be liable to a passenger under section 5(b) of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), 33 U.S.C. § 905(b), when (1) the time charterer has actual or constructive knowledge that its passenger’s likely means of debarkation may be hazardous due to a latent dangerous condition at the point of debarkation, (2) the time charterer has no control over the condition in its capacity as a time charterer, and (3) the condition injures the debarking passenger. The district court granted defendant’s motion for…
2Cases cited8 opinions
- Nichimen Company, Inc. v. M. v. Farland, Her Engines, Boilers, Etc., and A/s Vigra, Defendants-Appellants-Appellees v. Seaboard Shipping Co., Ltd.Court of Appeals for the Second Circuit · 1972
- Helaire v. Mobil Oil Co.Court of Appeals for the Fifth Circuit · 1983
- Tittle v. AldacostaCourt of Appeals for the Fifth Circuit · 1977
- Graham v. Milky Way Barge, Inc.Court of Appeals for the Fifth Circuit · 1987
- Delta Transload, Inc. v. The Motor Vessel, "Navios Commander", Its Engines, Apparel, Tackle, Etc., in Rem, Navios Commander, Inc.Court of Appeals for the Fifth Circuit · 1987
3 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Randall Ex Rel. Estate of Randall v. Chevron U.S.A., Inc.Court of Appeals for the Fifth Circuit · 1994
- Becker v. Tidewater, Inc.Court of Appeals for the Fifth Circuit · 2009
- Hodgen v. Forest Oil Corp.Court of Appeals for the Fifth Circuit · 1996
- Forrester v. Ocean Marine Indem. Co.Court of Appeals for the Fifth Circuit · 1993
- Douglass v. Nippon Yusen KabushikiCourt of Appeals for the Fifth Circuit · 2022
36 more not listed; retrieve them via the Exa API.