Johnny C. Colburn, Cross-Appellant v. Bunge Towing, Inc., and M/v Terry K, Cross-Appellees
Court of Appeals for the Fifth Circuit
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
- Jones & Laughlin Steel Corp. v. PfeiferSupreme Court of the United States · 1983
- Monessen Southwestern Railway Co. v. MorganSupreme Court of the United States · 1988
- Doris R. Edwards, Etc., Cross-Appellant v. Sears, Roebuck and Company, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1975
- St. Louis Southwestern Railway Co. v. DickersonSupreme Court of the United States · 1985
- Peter Joseph Caldarera, Jr., Etc. v. Eastern Airlines, Inc., and United States of AmericaCourt of Appeals for the Fifth Circuit · 1983
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