Legal Opinion

Howell v. Marmpegaso Compania Naviera, S. A.

Court of Appeals for the Fifth Circuit

Decided August 9, 1976No. 74-2639PublishedCited by 26 opinions

1Opinion of the Court

GEE, Circuit Judge:

In this Ryan triangle proceeding,1 the jury found that the M/V CAMINA BAY was unseaworthy and awarded plaintiff Howell a verdict of $150,000 unapportioned damages for medical expense, loss of wages, pain and loss of earning capacity. The jury also found the vessel owner not negligent, Howell forty percent contributorily negligent, and the master stevedore, J. P. Florio & Co., Inc., in breach of its warranty of workmanlike service to the vessel owner. A judgment in Howell’s favor for $90,000 against the owner, with judgment over in that full amount for the owner against…

2Cases cited5 opinions

  1. Gasoline Products Co. v. Champlin Refining Co.Supreme Court of the United States · 1931
  2. Luke Bonura, Jr., Cross-Appellant v. Sea Land Service, Inc., Cross-Appellee, Atlantic & Gulfstevedores, Inc., IntervenorCourt of Appeals for the Fifth Circuit · 1975
  3. LeBlanc v. Two-R Drilling Co.Court of Appeals for the Fifth Circuit · 1976
  4. Natco, Inc. v. Williams Brothers Engineering Co.Court of Appeals for the Fifth Circuit · 1974
  5. Gulf Coast Building & Construction Trades Council v. F. R. Hoar & Son, Inc.Court of Appeals for the Fifth Circuit · 1967

3Cited by26 opinions

  1. Robert Lee Wilson v. Irvin T. Taylor, as Acting Chairman and Examiner, Civil Service Board, Winter Park, FloridaCourt of Appeals for the Eleventh Circuit · 1984
  2. Charles Franklin Westbrook, Jr., Pilot Point Ready-Mix, Inc., Intervenor-Appellee v. General Tire and Rubber Company, Etc.Court of Appeals for the Fifth Circuit · 1985
  3. Pinner v. SchmidtCourt of Appeals for the Fifth Circuit · 1986
  4. Goldstein v. Manhattan Industries, Inc.Court of Appeals for the Eleventh Circuit · 1985
  5. Lee D. Harper v. Zapata Off-Shore CompanyCourt of Appeals for the Fifth Circuit · 1984

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