Opinion

Lormand v. Superior Oil Co.

  • 845 F.2d 536
  • 1988 A.M.C. 2362
  • 1987 U.S. App. LEXIS 18288
  • 1987 WL 45786
Court
Court of Appeals for the Fifth Circuit
Filed
Jun 5, 1987
Status
Published
Author
Rubin
On the bench
Brown, Garwood, Rubin
Cited by
23 cases
Authority
More cited than 19.7%

affirming grant of summary judgment on the basis that because the injured welder spent only 14% of his work activity aboard vessels during a 34 month period of employment, there was insufficient evidence to support submission of question of seaman status to the jury

How later courts described this case

  • affirming grant of summary judgment on the basis that because the injured welder spent only 14% of his work activity aboard vessels during a 34 month period of employment, there was insufficient evidence to support submission of question of seaman status to the jury
  • holding that Scindia imposes no duty on a vessel to monitor a contractor’s operations for the development of hazardous conditions
  • noting that the appellant “spent proportionally even less time working on a vessel ” than did the appellant in Barrett
  • "Recovery for injury to a person, other than a Jones Act seaman, working on the outer continental shelf is governed by the LHWCA...."

Written by the judges who cited it.

The opinion

ALVIN B. RUBIN, Circuit Judge,

concurring:

While I continue to hold the views stated in my dissent from the majority opinion in Barrett v. Chevron, U.S.A., Inc., 781 F.2d 1067 (5th Cir.1985) (en banc), the test applied in that opinion is now the law of the circuit, and I, therefore, concur.

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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