Legal Opinion · Dissent

Arceneaux v. Lykes Bros. Steamship Co.

Court of Appeals of Texas

Decided May 11, 1995No. 09-93-089 CVPublished

1DissentBrookshire, Justice

Upon reconsideration of the record and controlling precedents and appellee Lykes’s motion for a rehearing, this dissent is respectfully filed.

At the threshold, it is significant, if not determinative, to note that the majority opinion recites and concedes that Arceneaux’s fall did not take place at the offset part of the ladder. Areeneaux fell from the straight, vertical part of the ladder in the number three hold. Areeneaux was on a straight up and down, vertical part of the so-called “accident ladder”. The ladder was at that point a usual type ladder.

On or about January 21, 1985,…

2Cases cited20 opinions

  1. City of Houston v. Clear Creek Basin AuthorityTexas Supreme Court · 1979
  2. McConnell v. Southside Independent School DistrictTexas Supreme Court · 1993
  3. Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
  4. Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
  5. Scindia Steam Navigation Co. v. De Los SantosSupreme Court of the United States · 1981

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