Opinion

Empire Seafoods, Inc. v. Anderson

  • 398 F.2d 204
  • 1968 A.M.C. 2664
Court
Court of Appeals for the Fifth Circuit
Filed
Mar 18, 1968
Status
Published
On the bench
Dyer
Cited by
42 cases

observing that with regard to the divided damages rule for mutual fault, "[t]he authorities state the rule in terms of 'innocent third parties.'... [W]e are convinced that the reduction of [the contributorily-negligent plaintiffs'] respective recoveries under the comparative negligence doctrine is to be considered full penalty for their fault and that they must, thereafter, be treated in the same manner as 'innocent third parties.' "

How later courts described this case

  • observing that with regard to the divided damages rule for mutual fault, "[t]he authorities state the rule in terms of 'innocent third parties.'... [W]e are convinced that the reduction of [the contributorily-negligent plaintiffs'] respective recoveries under the comparative negligence doctrine is to be considered full penalty for their fault and that they must, thereafter, be treated in the same manner as 'innocent third parties.' "
  • evaluating seaworthiness based on the captain’s experience and availability of qualified lookout
  • crew was incompetent and rendered vessel unseaworthy because captain was inexperienced in intra-coastal waters and a qualified lookout was not onboard
  • master totally unfamiliar with waters in which he was navigating

Written by the judges who cited it.

The opinion

ON PETITION FOR REHEARING EN BANC

PER CURIAM:

The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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