Legal Opinion

Mrs. Maria Toth Futo, Insurance Company of the State of Pennsylvania, Intervenor-Appellant v. Lykes Bros. Steamship Co., Inc.

Court of Appeals for the Fifth Circuit

Decided November 19, 1984No. 83-3449PublishedCited by 54 opinions

1Opinion of the Court

GARWOOD, Circuit Judge:

John Futo, a machinist employed by Dixie Machine Welding & Metal Works (“Dixie”), died as a result of a fall on October 7, 1977 aboard a vessel owned by the defendant, Lykes Brothers Steamship Company, Inc. (“Lykes”). Futo was covered under the Longshoremen’s and Harbor Workers’ Compensation Act (“LHWCA”), 33 U.S.C. §§ 901, et seq. His widow, alleging negligence on the part of the shipowner, sued Lykes as authorized under sections 5(b) and 33 of the LHWCA, 33 U.S.C. §§ 905(b) and 933.1 The district court granted summary judgment in favor of the defendant-shipowner,…

2Cases cited29 opinions

  1. Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
  2. Scindia Steam Navigation Co. v. De Los SantosSupreme Court of the United States · 1981
  3. West v. United StatesSupreme Court of the United States · 1959
  4. Richard Hill v. Texaco, Inc.Court of Appeals for the Fifth Circuit · 1982
  5. Gay v. Ocean Transport & Trading, Ltd.Court of Appeals for the Fifth Circuit · 1977

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3Cited by54 opinions

  1. Ladonna Anderson as of the Estate of Donald Anderson v. Marathon Petroleum Company, F/k/a Marathon Oil CompanyCourt of Appeals for the Seventh Circuit · 1986
  2. Randolph v. LaeiszCourt of Appeals for the Fifth Circuit · 1990
  3. Ellison v. Conoco, Inc.Court of Appeals for the Fifth Circuit · 1992
  4. Thomas G. Carpenter v. Universal Star Shipping, S.A., a Foreign Corporation, and Sealaska Timber Corporation, a Foreign CorporationCourt of Appeals for the Ninth Circuit · 1991
  5. Key v. Liquid Energy Corp.Court of Appeals for the Tenth Circuit · 1990

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