Opinion

Mrs. Maria Toth Futo, Insurance Company of the State of Pennsylvania, Intervenor-Appellant v. Lykes Bros. Steamship Co., Inc.

  • 742 F.2d 209
  • 1985 A.M.C. 1030
  • 1984 U.S. App. LEXIS 16606
Court
Court of Appeals for the Fifth Circuit
Filed
Nov 19, 1984
Status
Published
On the bench
Garwood, Politz, Williams, Gar-Wood
Cited by
56 cases

holding that dangerous condition was not just that scaffold lacked guardrail at some point during stevedoring operations, but that it had no guardrail while employees were using it as a work platform

How later courts described this case

  • holding that dangerous condition was not just that scaffold lacked guardrail at some point during stevedoring operations, but that it had no guardrail while employees were using it as a work platform
  • holding that shipowner had no duty to intervene "even if it possessed the full measure of actual knowledge required by Helaire [v. Mobil Oil Co., 709 F.2d 1031 (5th Cir. 1983)]”
  • declining to adopt an "across-the-board rule that the involvement of a dangerous condition of the ship itself, its gear, or equipment is in all circumstances per se either necessary or sufficient to impose a duty on a shipowner”
  • sustaining summary judgment that shipowner was not liable for harm caused by defective scaffolding because shipowner had no duty to intervene

Written by the judges who cited it.

Distinguished

  • Distinguished by Clay v. Ensco Offshore Co., 146 F. Supp. 3d 808 (2015)

    Id. at 210, This is distinguishable from the present matter.
    District Court, E.D. LouisianaNov 19, 2015Read it
  • Distinguished by Hunter v. Intreprinderea de Explore Flott Maritime NAVROM, 690 F. Supp. 517 (1988)

    Although Futo is distinguishable from the assumed facts herein in that Mrs. Futo failed to prove that Lykes knew of the
    District Court, E.D. LouisianaApr 12, 1988Read it

The opinion

ON PETITION FOR REHEARING

Appellant moves for rehearing, calling attention to certain testimony, not discussed in our original opinion, which appellant claims demonstrates the existence of a genuine fact issue respecting whether Lykes actually knew Dixie employees were working on this scaffolding, without a safety belt or the like, when it lacked a guardrail. It is not necessary to address this contention, however, for, as plainly stated in our original opinion, under the circumstances here Lykes would have no liability even if it had such actual knowledge. The petition for rehearing is accordingly 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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