Legal Opinion

James T. CLARY, Plaintiff-Appellant, v. OCEAN DRILLING AND EXPLORATION CO., Defendant-Appellee

Court of Appeals for the Fifth Circuit

Decided January 15, 1980No. 77-1984PublishedCited by 24 opinions

1Opinion of the Court

RONEY, Circuit Judge:

The plaintiff seaman in this case lost a jury verdict. His appeal asserts as error several trial court rulings against the admission of certain testimony and other evidence. In affirming the judgment which was grounded on a jury finding of no negligence and no unseaworthiness, we make one significant decision. We hold that the Occupational Safety and Health Act (OSHA), 29 U.S.C.A. § 651 et seq., does not apply to the working conditions of seamen on vessels operating on the high seas.

James T. Clary, a roustabout on a submersible drilling vessel, suffered knee injuries when…

2Cases cited5 opinions

  1. Bunn v. Caterpillar Tractor Co.Supreme Court of the United States · 1977
  2. National Marine Service, Inc. v. Gulf Oil Co.District Court, E.D. Louisiana · 1977
  3. Southern Pacific Transportation Co. v. UseryCourt of Appeals for the Fifth Circuit · 1976
  4. Lionel Burdis v. The Texas & Pacific Railway Company, Commercial Union Insurance Company, IntervenorCourt of Appeals for the Fifth Circuit · 1978
  5. Clary v. Ocean Drilling & Exploration Co.District Court, W.D. Louisiana · 1977

3Cited by24 opinions

  1. United States v. William Michael Elam, Richard Victor Jennings, Jr., George Anthony Seek and William Lykergus Miller, Jr.Court of Appeals for the Fifth Circuit · 1982
  2. Kopczynski v. The JacquelineCourt of Appeals for the Ninth Circuit · 1984
  3. Raymond J. Donovan, Secretary of Labor, Petitioner/cross-Respondent v. Red Star Marine Services, Inc., Respondent/cross-PetitionerCourt of Appeals for the Second Circuit · 1984
  4. Wendland v. Ridgefield Construction Services, Inc.Supreme Court of Connecticut · 1981
  5. Consolidated Grain & Barge Company v. Marcona Conveyor Corporation, Marcona Sales, Inc. v. Consolidated Grain & Barge CompanyCourt of Appeals for the Fifth Circuit · 1983

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