Legal Opinion

Simko v. C & C Marine Maintenance Co.

Court of Appeals for the Third Circuit

Decided February 20, 1979No. Nos. 78-1174 through 78-1176PublishedCited by 41 opinions

1Opinion of the Court

OPINION OF THE COURT

SEITZ, Chief Judge.

This appeal presents the question whether John R. Simko, III occupied the status of a seaman for purposes of recovery under the Jones Act, 46 U.S.C. § 688, at the time of his death. It also requires this Court to venture into the maelstrom of the maritime doctrine of unseaworthiness and its counterpart, the right of a shipowner to claim indemnity from a stevedore for expenses incurred in defending an action for damages brought by the stevedore’s employee.1

I

John Simko was hired by C & C Marine Maintenance Company (C & C) as a laborer. He was assigned the…

2Cases cited18 opinions

  1. Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
  2. Fitzgerald v. United States Lines Co.Supreme Court of the United States · 1963
  3. United New York & New Jersey Sandy Hook Pilots Ass'n v. HaleckiSupreme Court of the United States · 1959
  4. Senko v. LaCrosse Dredging Corp.Supreme Court of the United States · 1957
  5. Thomas W. Griffith v. Wheeling Pittsburgh Steel Corporation and American Commercial Lines, Inc.Court of Appeals for the Third Circuit · 1975

13 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Hurley v. Atlantic City Police DepartmentCourt of Appeals for the Third Circuit · 1999
  2. Alfred Avins, in No. 79-1747 v. James P. White, in No. 79-1748Court of Appeals for the Third Circuit · 1980
  3. Bonjorno v. Kaiser Aluminum & Chemical Corp.Court of Appeals for the Third Circuit · 1984
  4. Benny Earl Farrell, an Oklahoma Citizen v. Klein Tools, Inc., a Delaware CorporationCourt of Appeals for the Tenth Circuit · 1989
  5. Hubert Wayne Johnson v. John F. Beasley Construction Company, a CorporationCourt of Appeals for the Seventh Circuit · 1984

36 more not listed; retrieve them via the Exa API.

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