Legal Opinion
Deborah Furka, Administratrix of the Estate of Paul Furka, Deceased v. Great Lakes Dredge & Dock Company, Inc.
Court of Appeals for the Fourth Circuit
Decided February 26, 1985No. 83-1542PublishedCited by 50 opinions
1Opinion of the Court
WILKINSON, Circuit Judge:
This is an action brought for negligence under the Jones Act and for unseaworthiness under general maritime law involving an alleged rescue attempt by appellant’s decedent of a fellow employee on the Chesapeake Bay. During that attempt, the would-be rescuer was swept by the waves from his boat and drowned. We hold that the trial court’s failure to give a proper rescue charge to the jury constitutes plain error and requires reversal despite a failure of counsel to object to the charge in accordance with Fed.R.Civ.P. 51. We remand the case for a new trial in accordance…
2Cases cited32 opinions
- Hormel v. HelveringSupreme Court of the United States · 1941
- Mitchell v. Trawler Racer, Inc.Supreme Court of the United States · 1960
- Sea-Land Services, Inc. v. GaudetSupreme Court of the United States · 1974
- Socony-Vacuum Oil Co. v. SmithSupreme Court of the United States · 1939
- Wagner v. International Railway Co.New York Court of Appeals · 1921
27 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Spell v. McDanielCourt of Appeals for the Fourth Circuit · 1987
- Govich v. North American Systems, Inc.New Mexico Supreme Court · 1991
- Stephen M. Stewart v. B. Vandenburg HallCourt of Appeals for the Fourth Circuit · 1985
- Lonnie L. Wharf v. Burlington Northern Railroad Company, a Corporation, Lonnie L. Wharf v. Burlington Northern Railroad Company, a CorporationCourt of Appeals for the Ninth Circuit · 1995
- Marilyn E. Berg, Personal Representative of the Estate of Ogie Berg v. Chevron U.S.A., IncorporatedCourt of Appeals for the Ninth Circuit · 1985
45 more not listed; retrieve them via the Exa API.