Legal Opinion

David Burchett and Cheryl Burchett v. Cargill, Inc., Defendant-Intervenor-Appellee v. Marine Equipment Management Corporation

Court of Appeals for the Fifth Circuit

Decided May 11, 1995No. 94-30156, 94-30446PublishedCited by 97 opinions

1Opinion of the Court

W. EUGENE DAVIS, Circuit Judge:

Plaintiffs David and Cheryl Burchett appeal the dismissal of their Jones Act and unseaworthiness actions against Cargill, Inc. (“Cargill”) and their § 905(b) action against Marine Equipment Management Corporation (“MEMCO”). We affirm.

David Burchett, a I crane operator employed by Cargill, was injured when he slipped and fell on the cover deck of the K-2, a midstream bulk cargo transfer unit owned and operated by Cargill- The K-2, located in the Mississippi River near Convent, Louisiana, is used to transfer bulk products, usual ly grain, from river barges to…

2Cases cited23 opinions

  1. Scindia Steam Navigation Co. v. De Los SantosSupreme Court of the United States · 1981
  2. Carl Dodd v. Fawcett Publications, Inc., a Corporation, and Mid-Continent News Company, a CorporationCourt of Appeals for the Tenth Circuit · 1964
  3. Richard J. Dodson v. Spiliada Maritime Corp.Court of Appeals for the Fifth Circuit · 1992
  4. Thais Carriere, Widow of Samuel Carriere, Iv, Individually and on Behalf of Her Minor Child v. Sears, Roebuck and CompanyCourt of Appeals for the Fifth Circuit · 1990
  5. Bobby Jones Garden Apartments, Inc. v. F. R. SuleskiCourt of Appeals for the Fifth Circuit · 1968

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3Cited by97 opinions

  1. Michael P. Lewis v. David M. Fresne Lowell Farkas Robert A. Young Rosenfeld, Bernstein & Tannenhauser LLP Eric P. RosenfeldCourt of Appeals for the Fifth Circuit · 2001
  2. Badon v. R J R Nabisco Inc.Court of Appeals for the Fifth Circuit · 2000
  3. Ross v. Citifinancial, Inc.Court of Appeals for the Fifth Circuit · 2003
  4. Hufnagel v. Omega Service Industries, Inc.Court of Appeals for the Fifth Circuit · 1999
  5. Delgado v. Shell Oil Co.Court of Appeals for the Fifth Circuit · 2000

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