Jerry Charles, Sr., Jerry Charles, Sr., and McDermott Inc., Intervenor-Appellant v. United States of America

EMILIO M. GARZA, Circuit Judge:

We withdraw our original opinion, reported at 7 F.3d 78, and reconsider our prior holding in light of the Louisiana Supreme Court’s decision in Brown v. Avondale Industries, Inc., 617 So.2d 482 (La.1993). We now vacate and remand for further proceedings consistent with Brown.

The plaintiff, Jerry Charles, Sr., sued the United States under the Federal Tort Claims Act (“FTCA”), see 28 U.S.C. § 1346(b) (1988), for injuries he suffered while working on a painting and sandblasting crew which was constructing a ship for the United States Navy. The district court…