Legal Opinion

Abston v. Jungerhaus Maritime Services GMBH & Co. KG

Court of Appeals for the Fifth Circuit

Decided November 4, 2016No. 15-41381Published

1Opinion of the Court

PER CURIAM: *

Joseph Abston, a longshoreman working aboard Defendants’ ship, was injured when he slipped and fell from a “flat rack” cargo shipping container and brings this federal admiralty law action under 33 U.S.C. § 405(b) alleging breaches of the duties of active control and intervention. Magistrate Judge John R. Froeschner, proceeding with the consent of the parties, granted summary judgment for Defendants. We AFFIRM.

I

On February 18, 2012, Plaintiff Joseph Abston was working as a longshoreman aboard Defendants’ ship, the Pavo J. It was a stormy day; operations were suspended between…

2Cases cited11 opinions

  1. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  2. Scindia Steam Navigation Co. v. De Los SantosSupreme Court of the United States · 1981
  3. Adam G. Nunez v. The Superior Oil CompanyCourt of Appeals for the Fifth Circuit · 1978
  4. Phillips Oil Company v. Okc CorporationCourt of Appeals for the Fifth Circuit · 1987
  5. Howlett v. Birkdale Shipping Co., S.A.Supreme Court of the United States · 1994

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