Legal Opinion
Martin Cavalier v. T. Smith and Son, Inc.
Court of Appeals for the Fifth Circuit
Decided February 26, 1982No. 81-3143PublishedCited by 10 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
A longshoreman injured by the negligence of the crew of a vessel may sue the owner of the vessel even though the owner is also his employer, liable to him for compensation under the Longshoremen’s and Harbor Workers’ Compensation Act (“LHWCA”), 33 U.S.C. §§ 901-950 (1976 & Supp. III 1979). Smith v. M/V Captain Fred, 546 F.2d 119, 122-23 (5th Cir. 1977). In this case the district court held that a longshoreman’s suit is barred by the provisions of the LHWCA, however, if the negligence that caused the injury is attributable to members of the vessel’s crew who are…
2Cases cited6 opinions
- Thomas W. Griffith v. Wheeling Pittsburgh Steel Corporation and American Commercial Lines, Inc.Court of Appeals for the Third Circuit · 1975
- John H. Smith v. M/v Captain Fred, Her Engines, Boilers, Furniture, Gear, Tackle and Apparel, in Rem, John H. Smith v. Delta Iron Works, Inc.Court of Appeals for the Fifth Circuit · 1977
- Smith v. Eastern Seaboard Pile Driving, Inc.Court of Appeals for the Second Circuit · 1979
- Calvin Richardson and Thywenston G. Swain v. Norfolk Shipbuilding and Drydock CorporationCourt of Appeals for the Fourth Circuit · 1980
- Mayfield v. Wall Shipyard, Inc.District Court, E.D. Louisiana · 1981
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Levene v. Pintail Enterprises, Inc.Court of Appeals for the Fifth Circuit · 1991
- Mae Trussell v. Litton Systems, Inc., Robbie Trussell v. Frigitemp CorporationCourt of Appeals for the Fifth Circuit · 1985
- Burks v. American River Transportation Co.Court of Appeals for the Fifth Circuit · 1982
- James L. Chiasson v. Rogers Terminal and Shipping Corporation and Northwestern National Insurance CompanyCourt of Appeals for the Fifth Circuit · 1982
- Larry J. Durr v. Global Marine, Inc., Global Drilling and Marine Company, Inc.Court of Appeals for the Fifth Circuit · 1982
5 more not listed; retrieve them via the Exa API.