Legal Opinion

Horace Fontenot, the Travelers Insurance Company, Intervenor v. United States of America, Intervenor

Court of Appeals for the Fifth Circuit

Decided July 9, 1996No. 95-40390PublishedCited by 16 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

I

This is a tort suit against the United States as vessel owner brought by a welder employed by an independent contractor engaged in its repair. The worker slipped on a hatch cover and was severely injured. The district court found that the government breached its second and third Scindia duties and awarded substantial damages to the worker and the intervening workmen’s corn- pensation carrier. 1 The trio of duties set forth in Scindia, now a litany, include: (1) a “turnover duty” looking to the condition of the vessel at the time the stevedore or repair…

2Cases cited6 opinions

  1. Scindia Steam Navigation Co. v. De Los SantosSupreme Court of the United States · 1981
  2. Trinidad Pimental v. Ltd Canadian Pacific BulCourt of Appeals for the Fifth Circuit · 1992
  3. Mrs. Maria Toth Futo, Insurance Company of the State of Pennsylvania, Intervenor-Appellant v. Lykes Bros. Steamship Co., Inc.Court of Appeals for the Fifth Circuit · 1984
  4. Hurman Lee Turner v. Costa Line Cargo Services, Inc.Court of Appeals for the Fifth Circuit · 1984
  5. Williams v. M/V SONORACourt of Appeals for the Fifth Circuit · 1993

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

3Cited by16 opinions

  1. Manson Gulf, L.L.C. v. Modern American Recycling Service, Inc.Court of Appeals for the Fifth Circuit · 2017
  2. Brian Landry v. G.C. ConstructorsCourt of Appeals for the Fifth Circuit · 2013
  3. Romero v. Cajun Stabilizing Boats Inc.Court of Appeals for the Fifth Circuit · 2009
  4. Santee v. Oceaneering IntlCourt of Appeals for the Fifth Circuit · 2024
  5. Certain Underwriters v. Cox OperatingCourt of Appeals for the Fifth Circuit · 2023

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

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