Legal Opinion
Michael K. Bernard v. Maersk Lines, Ltd.
Court of Appeals for the Ninth Circuit
Decided April 22, 1994No. 92-56158PublishedCited by 18 opinions
1Opinion of the Court
Opinion by Judge FERNANDEZ.
Appeal from the United States District Court for the Central District of California.
FERNANDEZ, Circuit Judge:
Michael Bernard, a seaman, appeals the district court’s grant of summary judgment in favor of his employer, Maersk Lines, Ltd., in his admiralty suit, seeking damages under the Jones Act, 46 U.S.CApp. § 688, for personal injury sustained in an accident aboard Maersk’s vessel. The district court held that Bernard’s claims were barred because his injury resulted from a dangerous condition caused by his own breach of a “primary duty,” which he owed to Maersk…
2Cases cited18 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Socony-Vacuum Oil Co. v. SmithSupreme Court of the United States · 1939
- William Michael Jones v. Union Pacific Railroad Company, United Transportation UnionCourt of Appeals for the Ninth Circuit · 1992
- Walker v. Lykes Bros. S.S. Co., IncCourt of Appeals for the Second Circuit · 1952
- Francisco Joia v. Jo-Ja Service Corp., Boat Niagara Falls, Inc.Court of Appeals for the First Circuit · 1987
13 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Marine Solution Services, Inc. v. HortonAlaska Supreme Court · 2003
- Ribitzki v. Canmar Reading & Bates, Ltd. PartnershipCourt of Appeals for the Ninth Circuit · 1997
- Northern Queen Inc. v. KinnearCourt of Appeals for the Ninth Circuit · 2002
- Ribitzki v. Canmar Reading & Bates, Ltd. PartnershipCourt of Appeals for the Ninth Circuit · 1997
- Brooker v. CleghornDistrict Court, D. Hawaii · 1994
13 more not listed; retrieve them via the Exa API.