Legal Opinion

Terry May v. Transworld Drilling Co.

Court of Appeals for the Fifth Circuit

Decided April 11, 1986No. 85-4325PublishedCited by 30 opinions

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

The issue to be resolved in this case is whether a shipyard worker injured on dry land can recover under the Longshore and Harbor Worker’s Compensation Act, 33 U.S.C. § 905(b), which accords a tort remedy to persons sustaining injuries “caused by the negligence of a vessel.” 1 We hold that this statutory provision does not create a new federal tort but merely recognizes the continued, albeit narrowed, existence of an historic maritime tort remedy. Accordingly, we find that a shipyard worker who was injured while working in a storage area moving fabricated steel…

2Cases cited17 opinions

  1. Executive Jet Aviation, Inc. v. City of ClevelandSupreme Court of the United States · 1972
  2. Scindia Steam Navigation Co. v. De Los SantosSupreme Court of the United States · 1981
  3. Foremost Insurance v. RichardsonSupreme Court of the United States · 1982
  4. Victory Carriers, Inc. v. LawSupreme Court of the United States · 1971
  5. Victory Carriers, Inc. v. LawSupreme Court of the United States · 1972

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

3Cited by30 opinions

  1. Francis Barker, Jr. v. Hercules Offshore, Inc., etCourt of Appeals for the Fifth Circuit · 2013
  2. Randall Ex Rel. Estate of Randall v. Chevron U.S.A., Inc.Court of Appeals for the Fifth Circuit · 1994
  3. Curtis Michael Richendollar, Cross-Appellant v. Diamond M Drilling Company, Inc., Cross-Appellee and Baker Shipyards, Inc.Court of Appeals for the Fifth Circuit · 1987
  4. McLaurin v. Noble Drilling (U.S.), Inc.Court of Appeals for the Fifth Circuit · 2008
  5. Molett v. Penrod Drilling Co.Court of Appeals for the Fifth Circuit · 1989

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

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