Legal Opinion

Roger Gaston v. Flowers Transportation, (Cro-Marine Division, a Division of Chromalloy American Corporation)

Court of Appeals for the Fifth Circuit

Decided March 3, 1989No. 88-3025PublishedCited by 56 opinions

1Opinion of the Court

GEE, Circuit Judge:

Background

Roger Gaston appeals the dismissal of his action under the Jones Act against Flowers Transportation for emotional injury, allegedly sustained when he observed the death of his half-brother. We affirm.

Facts

In February 1986 Roger Gaston and his half-brother, James Easom, were employed as deckhands on a barge being pushed by the M/Y Mariner. Gaston had recently helped James get the job and was responsible for supervising him. In the course of the voyage, the Mariner allegedly struck the barge violently, throwing down both Gaston and his half-brother. Gaston fell to…

2Cases cited22 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Atchison, Topeka & Santa Fe Railway v. BuellSupreme Court of the United States · 1987
  3. Ferguson v. Moore-McCormack Lines, Inc.Supreme Court of the United States · 1957
  4. Gary C. Lancaster v. Norfolk and Western Railway CompanyCourt of Appeals for the Seventh Circuit · 1985
  5. Stanley F. Taylor v. Burlington Northern Railroad CompanyCourt of Appeals for the Ninth Circuit · 1986

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

3Cited by56 opinions

  1. Consolidated Rail Corporation v. GottshallSupreme Court of the United States · 1994
  2. Francis Barker, Jr. v. Hercules Offshore, Inc., etCourt of Appeals for the Fifth Circuit · 2013
  3. Theodore M. Ellenwood v. Exxon Shipping Co., State of Maine, Intervenor. Theodore M. Ellenwood v. Exxon Shipping Co., State of Maine, IntervenorCourt of Appeals for the First Circuit · 1993
  4. Mr. & Mrs. Henry Plaisance, Jr. v. Texaco, Inc.Court of Appeals for the Fifth Circuit · 1992
  5. Mr. & Mrs. Henry Plaisance, Jr. v. Texaco, Inc.Court of Appeals for the Fifth Circuit · 1991

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API