Norris Evans and Overseas Maritime Company, Inc. v. Carolina Shipping Company

After Overseas Maritime Company, Inc., owner of the SS PACIFIC TEL-STAR, settled the suit of Norris Evans, a longshoreman severely injured when a bale of cotton duck was dropped on him during unloading, it went to trial on its third-party claim against Carolina Shipping Company, in which it had alleged breach of an implied warranty to perform the unloading operation in a safe and workmanlike manner. The district court, 330 F.Supp. 654, found that the implied warranty had been breached and it awarded Overseas $137,500.00, the amount it had paid Evans, with interest and attorneys’ fees. Because…