Legal Opinion

Jenkins v. Fitzgerald Marine & Repair, Inc.

Court of Appeals for the Eighth Circuit

Decided August 11, 2010No. 09-1997, 09-2075PublishedCited by 18 opinions

1Opinion of the Court

SHEPHERD, Circuit Judge.

This case arises out of the sinking of the MTV Charles B. Holman (“Holman”), a tugboat operated by the appellee, Ingram Barge Company (“Ingram”). Ingram and the appellant, Fitzgerald Marine & Repair, Inc. (“Fitzgerald”), have a longstanding contractual relationship, pursuant to which Fitzgerald performs repair and maintenance of Ingram boats and barges. Fitzgerald employee, Mike Jenkins, was a crewmember aboard Fitzgerald’s vessel, the MTV K.W. (“K.W.”), that responded to the Holman’s distress call. While aiding the Holman, Jenkins was injured, and he subsequently…

2Cases cited29 opinions

  1. Lewis v. Lewis & Clark Marine, Inc.Supreme Court of the United States · 2001
  2. Fontenot v. Mesa Petroleum Co.Court of Appeals for the Fifth Circuit · 1986
  3. Texas A&M Research Foundation v. Magna Transportation, Inc.Court of Appeals for the Fifth Circuit · 2003
  4. Harvey Corbitt v. Diamond M. Drilling Co., Shell Oil Company, Third-Party v. Sladco, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1981
  5. Navigant Consulting, Inc. v. WilkinsonCourt of Appeals for the Fifth Circuit · 2007

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3Cited by18 opinions

  1. Chevron Corporation v. Republic of EcuadorDistrict Court, District of Columbia · 2013
  2. Monarch Fire Protection District of St. Louis County v. Freedom Consulting & Auditing Services, Inc.Court of Appeals for the Eighth Circuit · 2011
  3. Smart Communications Collier v. Pope County Sheriff's OfficeCourt of Appeals for the Eighth Circuit · 2021
  4. Lawn Managers, Inc. v. Progressive Lawn Managers, IncCourt of Appeals for the Eighth Circuit · 2020
  5. Duke Energy International Peru Investments No. 1 Ltd. v. Republic of PeruDistrict Court, District of Columbia · 2012

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