Duty v. East Coast Tender Service, Inc.

The district judge understood the issue before him, ruled correctly and should be affirmed. I dissent.

In opining that the negligence per se rule should be, and is, the federal rule, Chief Judge Winter in his dissenting panel opinion has led the majority of this court down the garden path by including licensing statutes within the common-law rule creating liability for violation of a statutory duty. The majority leans heavily on Kernan v. American Dredging Co., 355 U.S. 426, 78 S.Ct. 394, 2 L.Ed.2d 382 (1958), where an accident occurred because of the violation of a regulation concerning the…