Legal Opinion
Gay v. Ocean Transport & Trading, Ltd.
Court of Appeals for the Fifth Circuit
Decided February 11, 1977No. Nos. 75-2729 and 75-2441PublishedCited by 82 opinions
1Opinion of the Court
TJOFLAT, Circuit Judge:
In each of these two cases a longshoreman in the employ of an independent stevedore sued the vessel on which he was working when injured. The cases present a common question: What standard of negligence is to be applied in suits brought against vessels under the amended Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. §§ 901 et seq (Supp. II 1972)? The parties and several amicus curiae have briefed this issue in a commendably comprehensive and articulate fashion. We will, therefore, first elaborate the standards we find appropriate in cases where a…
2Cases cited37 opinions
- Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
- Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
- Southern Pacific Company v. JensenSupreme Court of the United States · 1916
- Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
- Pope & Talbot, Inc. v. HawnSupreme Court of the United States · 1953
32 more not listed; retrieve them via the Exa API.
3Cited by82 opinions
- Scindia Steam Navigation Co. v. De Los SantosSupreme Court of the United States · 1981
- Daniel F. Daigle v. Point Landing, Inc.Court of Appeals for the Fifth Circuit · 1980
- Sea Calm Shipping Co., S.A. v. CooksSupreme Court of Alabama · 1990
- Phillip Hess v. Upper Mississippi Towing Corp. And Penlatex Barge Lines, Inc., Defendants- Fidelity & Casualty Co. Of New York, IntervenorCourt of Appeals for the Fifth Circuit · 1977
- Alfred Lewis, Cross-Appellee v. Timco, Inc. v. Joy Manufacturing, Cross-AppellantCourt of Appeals for the Fifth Circuit · 1983
77 more not listed; retrieve them via the Exa API.