Legal Opinion

Gibboney v. Wright

Court of Appeals for the Fifth Circuit

Decided August 22, 1975No. 73-3577PublishedCited by 56 opinions

1Opinion of the Court

BROWN, Chief Judge:

This appeal attacks the District Court’s order granting limitation of liability to an owner of a sailing vessel on the grounds that the owner had privity or knowledge of the defect which gave rise to the injury. The shipowner, in turn, appeals from the order denying exoneration. We affirm.

In February of 1971 Phil Gibboney placed an order with Raymond Creek-more for the construction of a thirty foot racing sloop, named, of all things, the LOVE MACHINE, to be built to Creekmore’s specifications. By January of 1972, although considerable interior work remained to be finished,…

2Cases cited16 opinions

  1. Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
  2. Coryell v. PhippsSupreme Court of the United States · 1943
  3. Mrs. Julian Lamar Davis, Temporary Administratrix of the Estate of Charles Edward Davis, Deceased v. Parkhill-Goodloe Company, Inc.Court of Appeals for the Fifth Circuit · 1962
  4. Pershing Auto Rentals, Inc. v. William C. GaffneyCourt of Appeals for the Fifth Circuit · 1960
  5. China Union Lines, Ltd., Mitsubishi International Corporation, Lan Jing-Chau, Armement Deppe, S.A. v. A. O. Andersen & Co., American Cyanamid CompanyCourt of Appeals for the Fifth Circuit · 1966

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3Cited by56 opinions

  1. Rita Patricia Keefe v. Bahama Cruise Line, Inc., a Foreign CorporationCourt of Appeals for the Eleventh Circuit · 1989
  2. Albert Kornberg and Laura Kornberg v. Carnival Cruise Lines, Inc.Court of Appeals for the Eleventh Circuit · 1984
  3. Barry Brister and Karen Brister, Cross-Appellees v. A.W.I., Inc., Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1991
  4. Lottie Everett and Robert Everett, Cross-Appellants v. Carnival Cruise Lines, Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1990
  5. Charles W. And Margaret Laverne Beard v. Norwegian Caribbean LinesCourt of Appeals for the Sixth Circuit · 1990

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