Legal Opinion
Kirksey v. Tonghai Maritime
Court of Appeals for the Fifth Circuit
Decided July 15, 2008No. 07-40616PublishedCited by 45 opinions
1Opinion of the Court
W. EUGENE DAVIS, Circuit Judge:
This is an appeal in a 33 U.S.C. § 905(b) action from a judgment in favor of longshoreman, Patrick Kirksey, against the owner, operator, and charterer of a vessel, following a bench trial. The district court concluded that the unstable stow of the cargo made the vessel dangerous to the unloading longshoremen and that the vessel owner failed to exercise reasonable care to turn the ship over to the stevedore in such condition that a reasonably competent stevedore could safely unload it. Because the record is uncontradicted that the dangerous condition in the cargo…
2Cases cited19 opinions
- Atlantic & Gulf Stevedores, Inc. v. Ellerman Lines, Ltd.Supreme Court of the United States · 1962
- Scindia Steam Navigation Co. v. De Los SantosSupreme Court of the United States · 1981
- Howlett v. Birkdale Shipping Co., S.A.Supreme Court of the United States · 1994
- Federal Marine Terminals, Inc. v. Burnside Shipping Co.Supreme Court of the United States · 1969
- David Burchett and Cheryl Burchett v. Cargill, Inc., Defendant-Intervenor-Appellee v. Marine Equipment Management CorporationCourt of Appeals for the Fifth Circuit · 1995
14 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Manson Gulf, L.L.C. v. Modern American Recycling Service, Inc.Court of Appeals for the Fifth Circuit · 2017
- Junior Sobrino-Barrera v. Anderson Shipping Co., LCourt of Appeals for the Fifth Circuit · 2012
- Baham v. NOBORS DRILLING USA, LPDistrict Court, W.D. Louisiana · 2010
- Aguilar v. Bollinger Shipyards, Inc.District Court, E.D. Louisiana · 2011
- Associated Terminals of St. Bernard, LLC v. Potential Shipping HK Co.District Court, E.D. Louisiana · 2018
40 more not listed; retrieve them via the Exa API.