Legal Opinion
Schnapp v. Miller's Launch, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 23, 2017No. 115059/08 2656PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Acosta, J.P.
This action seeks damages for personal injuries allegedly suffered by plaintiff Wayne Schnapp when he embarked upon a vessel by jumping from a bulkhead approximately 40 inches from the deck of the vessel. The appeal raises issues about the various duties that a vessel owner owes a harbor worker asserting a claim pursuant to the Longshore and Harbor Workers’ Compensation Act (LHWCA) (33 USC § 901 et seq.) (see Scindia Steam Nav. Co. v De los Santos, 451 US 156 [1981]). We find that under the circumstances of this case, there are issues of fact as to whether…
2Cases cited13 opinions
- Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
- Scindia Steam Navigation Co. v. De Los SantosSupreme Court of the United States · 1981
- Howlett v. Birkdale Shipping Co., S.A.Supreme Court of the United States · 1994
- Gerard O'Hara and Lisa O'Hara v. Weeks Marine, Inc. And Collazo Contractors, Inc.Court of Appeals for the Second Circuit · 2002
- Chesapeake & Ohio Railway Co. v. SchwalbSupreme Court of the United States · 1989
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3Cited by2 opinions
- Schnapp v. Miller's Launch, Inc.New York Court of Appeals · 2018
- Schnapp v. Miller's Launch, Inc.Appellate Division of the Supreme Court of the State of New York · 2017