Legal Opinion

Cruz O. Hernandez v. Trawler Miss Vertie Mae, Incorporated

Court of Appeals for the Fourth Circuit

Decided August 6, 1999No. 98-1976PublishedCited by 69 opinions

1Opinion of the Court

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILKINS and Judge HAMILTON joined.

OPINION

NIEMEYER, Circuit Judge:

Cruz Hernandez, a captain of a scallop trawler, sustained injury while at sea when he hit his head on the pilot house doorway while responding to an apparent problem with a winch on the back deck. He sued the shipowner for negligence under the Jones Act, 46 U.S.C.app. § 688(a), and for unseaworthiness under the general maritime law, alleging that he would not have bumped his head were it not for a problem with the winch and a defect in the…

2Cases cited13 opinions

  1. Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
  2. Gallick v. Baltimore & Ohio RailroadSupreme Court of the United States · 1963
  3. Consolidated Rail Corporation v. GottshallSupreme Court of the United States · 1994
  4. Kernan v. American Dredging Co.Supreme Court of the United States · 1958
  5. Charles D. Gautreaux v. Scurlock Marine, Inc.Court of Appeals for the Fifth Circuit · 1997

8 more not listed; retrieve them via the Exa API.

3Cited by69 opinions

  1. Norfolk Southern Railway Co. v. SorrellSupreme Court of the United States · 2007
  2. James W. Perkins, Judith Lynn Perkins v. American Electric Power Fuel Supply, Inc. Indiana Michigan Power Company, Inc., River Transportation DivisionCourt of Appeals for the Sixth Circuit · 2001
  3. Sloas v. CSX Transportation, Inc.Court of Appeals for the Fourth Circuit · 2010
  4. CSX Transportation, Inc. v. McBrideSupreme Court of the United States · 2011
  5. Miller v. American Heavy Lift ShippingCourt of Appeals for the Sixth Circuit · 2000

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