United States Fourth Circuit

In a negligence action brought under section 905(b) of the Longshore and Harbor Workers' Compensation Act, defendant's vessel might have been negligent in the maintenance, upkeep, and inspection of the deck in question, so that it might have discovered the defect or hole in the decking into which plaintiff fell.

Appellate Information

• Decided 12/29/2003
• Published 12/29/2003

Judges

• Before WIDENER and KING, Circuit Judges, and MICHAEL, Senior United States District Judge for the Western District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED: Edward Paul Gibson, Riesen Law Firm, L.L.P., North Charleston, South Carolina, for Appellant.  Gordon D. Schreck, Buist, Moore, Smythe & McGee, P.A., Charleston, South Carolina, for Appellee.   ON BRIEF: Allison A. Stover, Riesen Law Firm, L.L.P., North Charleston, South Carolina, for Appellant.  Julius H. Hines, Buist, Moore, Smythe & McGee, P.A., Charleston, South Carolina, for Appellee.