# Jerry Wayne Davis v. Hill Engineering, Inc. And Williams-Mcwilliams Co., Inc., Defendants

> Court of Appeals for the Fifth Circuit · June 17, 1977 · 549 F.2d 314

URL: https://www.frixlaw.com/law-library/cases/9463486

## Case

- **Full name:** Jerry Wayne DAVIS, Plaintiff-Appellee, v. HILL ENGINEERING, INC. and Williams-McWilliams Co., Inc., Defendants-Appellants
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** June 17, 1977
- **Citations:** 549 F.2d 314
- **Precedential status:** Published
- **Opinion:** Concurrence by Ingraham
- **Judges:** Wisdom, Ingraham, Grooms
- **Cited by:** 183 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by Charles D. Gautreaux v. Scurlock Marine, Inc., 107 F.3d 331 (1997).
- Negative treatments: 2
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9463486

## How later opinions describe it (automated extraction)

- holding that defendant waived his objection to service of process by not stating it with particularity in his motion challenging venue under the Jones Act, 46 U.S.C. § 688
- holding that Jones Act employer had a responsibility to inspect a third party's vessel "to take precautions in order to provide its employees with a safe working place"
- holding that merely mentioning in a brief that the district court erred, absent any specific argument as to how the court erred, waives the issue on appeal
- affirming district court's finding that "slippery condition rendered the deck unreasonably safe for its intended use"

## Opinion text

INGRAHAM, Circuit Judge,
concurring specially.
I concur in Judge Wisdom’s opinion despite initial reservations about venue as to Hill. Energy Resources Group, Inc. v. Energy Resources Corp., 297 F.Supp. 232 (S.D. Tex.1969), an opinion authored by me, illustrates the problems encountered in large multi-district states. The State of Texas, whose statute of incorporation is the basis for venue in this suit, has recognized these difficulties and has enacted a complex set of rules governing venue. However, I agree that § 1404(a) may be utilized to alleviate such problems in the federal courts.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9463486. Public record. Not legal advice.