Legal Opinion

Eloy Pedro Garcia v. Murphy Pacific Marine Salvaging Company

Court of Appeals for the Fifth Circuit

Decided April 9, 1973No. 72-3516PublishedCited by 19 opinions

1Opinion of the Court

DYER, Circuit Judge.

Garcia, a crew member of the M/V Cable, sued the owner, Murphy Pacific, for personal injury damages under the Jones Act, 46 U.S.C.A. § 688, and under the Doctrine of Seaworthiness of the general maritime law. The jury returned a verdict for Murphy Pacific. The district court denied Garcia’s motion for new trial and judgment N.O.V. We affirm.

For about a week Garcia had been assisting Fuquay, another crew member, in splicing cable, an ordinary function aboard the vessel while it was in port. The splicing was accomplished by cleaning the ends of the cable with diesel oil and…

2Cases cited12 opinions

  1. Lavender v. KurnSupreme Court of the United States · 1946
  2. Mitchell v. Trawler Racer, Inc.Supreme Court of the United States · 1960
  3. Atlantic & Gulf Stevedores, Inc. v. Ellerman Lines, Ltd.Supreme Court of the United States · 1962
  4. Tomas Aguirre, Jr., Apolinar Compean, and Wilhelm Seafoods, Inc. v. Citizens Casualty Company of New YorkCourt of Appeals for the Fifth Circuit · 1971
  5. Colon v. Trinidad CorporationDistrict Court, S.D. New York · 1960

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3Cited by19 opinions

  1. Manderson v. Chet Morrison Contractors, Inc.Court of Appeals for the Fifth Circuit · 2012
  2. Darrell Cummings v. Matthew T. WhiddonCourt of Appeals for the Eleventh Circuit · 2014
  3. Laurie Delvaux v. Ford Motor CompanyCourt of Appeals for the Seventh Circuit · 1985
  4. Mary Elizabeth Dunn, Plaintiff-Appellee-Cross-Appellant v. Mike Denk, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1995
  5. Allen Vezina v. Theriot Marine Service, Inc.Court of Appeals for the Fifth Circuit · 1977

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