Legal Opinion
Fuszek v. Royal King Fisheries, Inc.
Court of Appeals for the Ninth Circuit
Decided October 23, 1996No. Nos. 95-35197, 95-35840 and 95-35874PublishedCited by 17 opinions
1Opinion of the Court
LEAVY, Circuit Judge:
In these consolidated appeals we are called upon to determine whether section 3 of the Federal Employers Liability Act (“FELA”), 45 U.S.C. § 53, overrides the longstanding maritime doctrine of comparative fault in a situation in which a ship’s violation of a safety regulation contributed to a seaman’s injuries. Under the facts of this case, we hold that FELA precludes the reduction of damages on the ground of comparative fault.
FACTS AND PRIOR PROCEEDINGS
The FT ROYAL KING is a factory trawler owned by Royal King Fisheries, Inc. and operated by Royal Seafoods, Inc. In…
2Cases cited7 opinions
- Kernan v. American Dredging Co.Supreme Court of the United States · 1958
- Socony-Vacuum Oil Co. v. SmithSupreme Court of the United States · 1939
- Calvin J. Smith v. Trans-World Drilling CompanyCourt of Appeals for the Fifth Circuit · 1985
- Kopczynski v. The JacquelineCourt of Appeals for the Ninth Circuit · 1984
- Newman v. ChaterCourt of Appeals for the Ninth Circuit · 1996
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3Cited by17 opinions
- Auther Jones v. Spentonbush-Red Star CompanyCourt of Appeals for the Second Circuit · 1998
- McKinney v. American River Transp. Co.District Court, S.D. Illinois · 2013
- Baham v. NOBORS DRILLING USA, LPDistrict Court, W.D. Louisiana · 2010
- Miller v. Pacific Trawlers, Inc.Court of Appeals of Oregon · 2006
- Christopher MacDonald v. Kahikolu Ltd., Dba Frogman ChartersCourt of Appeals for the Ninth Circuit · 2006
12 more not listed; retrieve them via the Exa API.