Legal Opinion
William Kirsch v. Prekookeanska Plovidba
Court of Appeals for the Third Circuit
Decided August 31, 1992No. 91-1915PublishedCited by 51 opinions
1Opinion of the Court
OPINION OF THE COURT
BECKER, Circuit Judge.
This is a longshoreman’s personal injury action that requires us to determine the contours of a shipowner’s duty to turn over its ship in a condition that an expert stevedore acting with reasonable care can operate safely. Such a duty is imposed by section 5(b) of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), 33 U.S.C. § 905(b), as interpreted in Scindia Steam Navigation Co. v. de los Santos, 451 U.S. 156, 101 S.Ct. 1614, 68 L.Ed.2d 1 (1981). We conclude that, under Scindia, a shipowner is subject to liability for the injuries of…
2Cases cited14 opinions
- Scindia Steam Navigation Co. v. De Los SantosSupreme Court of the United States · 1981
- Federal Marine Terminals, Inc. v. Burnside Shipping Co.Supreme Court of the United States · 1969
- Helaire v. Mobil Oil Co.Court of Appeals for the Fifth Circuit · 1983
- Alvin J. Treadaway, and Fidelity & Casualty Company of New York, Intervenor-Appellee v. Societe Anonyme Louis-Dreyfus Et CieCourt of Appeals for the Fifth Circuit · 1990
- Robert P. Bjaranson v. Botelho Shipping Corporation, ManilaCourt of Appeals for the Ninth Circuit · 1989
9 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Howlett v. Birkdale Shipping Co., S.A.Supreme Court of the United States · 1994
- Denise Thomas & Willie Lavon Thomas v. Newton International Enterprises Southern Shipping Management (Chile) Ltd.Court of Appeals for the Ninth Circuit · 1994
- Richard E. Davis Priscilla Davis, His Wife v. Portline Transportes Maritime InternacionalCourt of Appeals for the Third Circuit · 1994
- John Serbin v. Bora Corp., Ltd.Court of Appeals for the Third Circuit · 1996
- United States v. Alvin RayCourt of Appeals for the Sixth Circuit · 2015
46 more not listed; retrieve them via the Exa API.