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JOHNSON v. OIL TRANSPORT COMPANY

No. 28418.

440 F.2d 109 (1971)

James JOHNSON, Plaintiff-Appellant, v. OIL TRANSPORT COMPANY, Inc., a corporation, Defendant and Third-Party Plaintiff-Appellee, v. BENDER WELDING & MACHINE COMPANY, Inc., Third-Party Defendant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied June 24, 1971.

Attorney(s) appearing for the Case

Francis M. Thigpen, Ross Diamond, Jr., Diamond & Lattof, Mobile, Ala., for appellant.

A. Clay Rankin, III, Alex F. Lankford, III, Edwin J. Curran, Jr., Mobile, Ala., Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, Ala., of counsel, for plaintiff-appellee.

Deutsch, Kerrigan & Stiles, Brunswick G. Deutsch, New Orleans, La., Vickers, Riis, Murray & Curran, Mobile, Ala., of counsel, for defendant-appellee.

Before JOHN R. BROWN, Chief Judge, and AINSWORTH and GODBOLD, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied June 24, 1971.

AINSWORTH, Circuit Judge:

This is a suit in admiralty by a shore-based shipyard worker for damages for personal injuries against a shipowner, growing out of the servicing and repairing of a vessel in dry dock. James Johnson, an experienced shipyard sandblaster, was injured in a fall to the floor of a dry dock from a scaffolding on which he was standing while sand-blasting the outside hull of the...

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