United States Fifth Circuit

In an action brought by an injured employee of a stevedoring company against defendant under the Longshore and Harbor Workers' Compensation Act, denial of summary judgment for defendant is reversed as the district court erred in concluding that a time-chartering agreement created a new duty for defendant to protect the stevedore from harm from improperly stowed cargo, beyond a mere duty to warn the stevedore of hidden dangers.

Appellate Information

• Decided 10/19/2007
• Published 10/19/2007

Judges

• EDITH BROWN CLEMENT, Circuit Judge:, Before JOLLY, CLEMENT and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Thomas Massa Discon (argued), Discon Law Firm, Mandeville, LA, for Robinson.


• For Appellees:
  
• Derek A. Walker, Ivan Mauricio Rodriguez, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, LA, for Defendants-Appellees., Douglas P. Matthews (argued), Andrew S. de Klerk, Frilot LLC, New Orleans, LA, for Defendants-Appellants.