Legal Opinion

Arnold Bailey v. Kawasaki-Kisen, K. K.

Court of Appeals for the Fifth Circuit

Decided January 25, 1972No. 71-1599PublishedCited by 44 opinions

1Opinion of the Court

JOHN R. BROWN, Chief Judge:

This appeal presents the question of whether or not evidence of subsequent corrective measures and evidence of a subsequent failure of the same apparatus is admissible to negate a shipowner’s asserted defense of instant unseaworthiness in a suit for damages arising from alleged personal injuries sustained on the shipowner’s vessel during unloading operations. 1

On May 7, 1968, Appellant Bailey and other members of a longshore crew were rigging the LOUISIANA MARU for unloading operations when a boom that was being positioned over one of the hatches fell. Appellant,…

2Cases cited21 opinions

  1. Usner v. Luckenbach Overseas Corp.Supreme Court of the United States · 1971
  2. Usner v. Luckenbach Overseas Corp.Supreme Court of the United States · 1971
  3. Dallas County v. Commercial Union Assurance Company, Ltd.Court of Appeals for the Fifth Circuit · 1961
  4. Monarch Insurance Company of Ohio v. May Spach, as Receiver for Ro-Ben, Inc.Court of Appeals for the Fifth Circuit · 1960
  5. Jones & Laughlin Steel Corporation and Insurance Company of North America v. Eustace J. MatherneCourt of Appeals for the Fifth Circuit · 1965

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

3Cited by44 opinions

  1. Reyes v. Wyeth LaboratoriesCourt of Appeals for the Fifth Circuit · 1974
  2. Brazos River Authority v. GE Ionics, Inc.Court of Appeals for the Fifth Circuit · 2006
  3. Sarah Helen Williams Dollar v. Long Mfg., N. C., Inc., and Third-Party v. Nichols Tractor Company, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1977
  4. Nachtsheim v. Beech Aircraft Corp.Court of Appeals for the Seventh Circuit · 1988
  5. Jones v. MilesCourt of Appeals for the Fifth Circuit · 1981

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API