Legal Opinion

Johnny C. Colburn, Cross-Appellant v. Bunge Towing, Inc., and M/v Terry K, Cross-Appellees

Court of Appeals for the Fifth Circuit

Decided September 15, 1989No. 88-4464PublishedCited by 105 opinions

1Opinion of the Court

DUHE, Circuit Judge:

I. FACTS AND PROCEDURAL HISTORY

Plaintiff-appellee Johnny C. Colburn (“Colburn”) was employed as a mate aboard the towboat M/V Terry K., owned by defendant-appellant Bunge Towing (“Bunge”). In November 1985 he injured his back when he slipped and fell on the deck of a barge being added to the TERRY K’s tow. The injury occurred while he was attempting to cut a metal retaining band from a spool of steel cable by striking it with a maul. 1

Bunge fired the first salvo in this litigation by filing a declaratory judgment action seeking a determination of its maintenance and cure…

2Cases cited28 opinions

  1. Jones & Laughlin Steel Corp. v. PfeiferSupreme Court of the United States · 1983
  2. Monessen Southwestern Railway Co. v. MorganSupreme Court of the United States · 1988
  3. Doris R. Edwards, Etc., Cross-Appellant v. Sears, Roebuck and Company, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1975
  4. St. Louis Southwestern Railway Co. v. DickersonSupreme Court of the United States · 1985
  5. Peter Joseph Caldarera, Jr., Etc. v. Eastern Airlines, Inc., and United States of AmericaCourt of Appeals for the Fifth Circuit · 1983

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

3Cited by105 opinions

  1. Martin's Herend Imports, Inc. v. Diamond & Gem Trading United States of America Co.Court of Appeals for the Fifth Circuit · 1999
  2. Rubinstein v. Administrators of the Tulane Educational FundCourt of Appeals for the Fifth Circuit · 2000
  3. Foradori v. HarrisCourt of Appeals for the Fifth Circuit · 2008
  4. Christopher v. Depuy Orthopaedics, Inc. (In Re Depuy Orthopaedics, Inc., Pinnacle Hip Implant Prod. Liab. Litig.)Court of Appeals for the Fifth Circuit · 2018
  5. Wilfred Jones v. United StatesCourt of Appeals for the Fifth Circuit · 2019

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

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