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MELERINE v. AVONDALE SHIPYARDS, INC.

No. 80-3379.

659 F.2d 706 (1981)

Anthony J. MELERINE, Jr., Plaintiff-Appellant, Continental Insurance Company, Intervenor-Appellant, v. AVONDALE SHIPYARDS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

October 23, 1981.

Attorney(s) appearing for the Case

Samuel S. Dalton, Jefferson, La., Jack Peebles, Metairie, La., for Melerine.

Tyler S. Posey, Emery Voorhies, New Orleans, La., for Continental.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Robert M. Contois, Jr., New Orleans, La., for defendant-appellee.

Before RUBIN, RANDALL and TATE, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

In a negligence action, regulations promulgated under the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678 (1976) ("OSHA"), provide evidence of the standard of care exacted of employers, but they neither create an implied cause of action nor establish negligence per se. While they are evidence of a general standard of care due employees, they establish no standard of care due third persons. Therefore, in this...

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