Legal Opinion
Brooks v. Great Lakes Dredge-Dock Co.
Court of Appeals for the Fifth Circuit
Decided January 25, 1985No. 84-3109PublishedCited by 1 opinion
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
The defendant-appellee Great Lakes Dredge-Dock Company (Great Lakes) has filed a petition for panel rehearing. In its application, it contends that the original panel decision ordering a new trial should be modified, and the scope of the new trial limited to contributory negligence. Finding merit to its argument, we grant Great Lakes’ petition, and modify our original order.
I
After a trial on the merits, the district court instructed the jury that contributory negligence is a failure on the part of an injured party to use ordinary care for his own safety under the…
2Cases cited6 opinions
- Gasoline Products Co. v. Champlin Refining Co.Supreme Court of the United States · 1931
- Sam's Style Shop, D/B/A Sam's Women's Apparel v. Cosmos Broadcasting CorporationCourt of Appeals for the Fifth Circuit · 1982
- Sol Kotz and Kolar, Inc. v. Bache Halsey Stuart, Inc.Court of Appeals for the Ninth Circuit · 1982
- Eximco, Inc. v. The Trane Company and Shepherd Sales & Service, Inc.Court of Appeals for the Fifth Circuit · 1984
- Joseph Gallo, Jr. v. Hubert R. Crocker and T. C. Parks, D/B/A Parks Auto Sales and Rubin H. McCroryCourt of Appeals for the Fifth Circuit · 1963
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3Cited by1 opinion
- Brooks v. Great Lakes Dredge DockCourt of Appeals for the Fifth Circuit · 1985