Legal Opinion

Ephrim McCoy v. United States of America, Ephrim McCoy v. United States

Court of Appeals for the Fourth Circuit

Decided August 25, 1982No. 81-2093, 81-2242PublishedCited by 15 opinions

1Opinion of the Court

JAMES DICKSON PHILLIPS, Circuit Judge.

These cross-appeals concern two separate “slip-and-fall” accidents a seaman, Ephrim McCoy, sustained in August 1979, and October 1979, respectively, while aboard the U.S.N.S. Potomac, owned by the United States. We affirm the finding of liability for the August accident, but reverse the judgment of no liability for the October accident.

I

Ephrim McCoy joined the Potomac in July 1979 as a QMED charged with maintaining the turbines and fans in the engine rooms. One of the machines that McCoy maintained was the forced draft fan. For about a month preceding…

2Cases cited8 opinions

  1. Socony-Vacuum Oil Co. v. SmithSupreme Court of the United States · 1939
  2. Spinks v. Chevron Oil Co.Court of Appeals for the Fifth Circuit · 1975
  3. Bruszewski v. Isthmian S. S. Co.Court of Appeals for the Third Circuit · 1947
  4. Robert Bernard Smith, and Cross-Appellant v. United States of America, and Cross-Appellee v. Whitehall Terminal CorporationCourt of Appeals for the Fourth Circuit · 1964
  5. Walter Filipek v. Moore-Mccormack Lines, Inc., and Third Party and Eastern Rigging Corp., Third PartyCourt of Appeals for the Second Circuit · 1958

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3Cited by15 opinions

  1. Edward T. Dempsey v. Mac Towing, Inc., Edward T. Dempsey v. Lone Star Industries, Inc.Court of Appeals for the Eleventh Circuit · 1989
  2. Michael K. Bernard v. Maersk Lines, Ltd.Court of Appeals for the Ninth Circuit · 1994
  3. Reed v. Seacoast Products, Inc.Louisiana Court of Appeal · 1984
  4. David Blevins v. United States of America, David Blevins v. United StatesCourt of Appeals for the Fourth Circuit · 1985
  5. Kareem Yehia v. Rouge Steel CorporationCourt of Appeals for the Sixth Circuit · 1990

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