Legal Opinion
Teply v. Mobil Oil Corp.
Court of Appeals for the Fifth Circuit
Decided November 7, 1988No. 88-4314PublishedCited by 47 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
The district court rendered summary judgment rejecting a harborworker’s claim under 33 U.S.C. § 905(b) and general maritime law against a vessel aboard which he was injured. It did so because: (1) the harborworker’s accident resulted from an obvious danger, and (2) that danger was created by circumstances about which the vessel neither knew nor should have known. The injured harborworker had ample opportunity to produce evidence sufficient to create a genuine issue of material fact concerning the “negligence of [the] vessel” required for recovery under § 905(b),…
2Cases cited10 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Marian Fontenot, Etc. v. The Upjohn CompanyCourt of Appeals for the Fifth Circuit · 1986
- Scindia Steam Navigation Co. v. De Los SantosSupreme Court of the United States · 1981
- Antonio Napoli v. (Transpacific Carriers Corp. And Universal Cargo Carriers, Inc.) Hellenic Lines, Ltd.Court of Appeals for the Second Circuit · 1976
- Dearal Stass v. American Commercial Lines, Inc. And the Barge "Acbl-920"Court of Appeals for the Fifth Circuit · 1983
5 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Solo Serve Corporation v. Westowne AssociatesCourt of Appeals for the Fifth Circuit · 1991
- Keller v. United StatesCourt of Appeals for the First Circuit · 1994
- Trinidad Pimental v. Ltd Canadian Pacific BulCourt of Appeals for the Fifth Circuit · 1992
- Sylvia Moore, Sylvia Moore v. Angela Mv, Angela Maritime Shipping Ltd., Claimant-AppellantCourt of Appeals for the Fifth Circuit · 2003
- Greenwood v. Societe Francaise DeCourt of Appeals for the Fifth Circuit · 1997
42 more not listed; retrieve them via the Exa API.