BAILEY v. KAWASAKI-KISEN, K. K.

No. 71-1599.

455 F.2d 392 (1972)

Arnold BAILEY, Plaintiff-Appellant, v. KAWASAKI-KISEN, K. K., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 25, 1972.


Attorney(s) appearing for the Case

Arnold C. Jacobs, New Orleans, La., for plaintiff-appellant.

Paul A. Nalty, Chaffe, McCall, Phillips, Burke, Toler & Sarpy, New Orleans, La., James W. Hailey, Jr., Mouton, Roy, Carmouche & Hailey, Metairie, La., for defendant-appellee.

Before JOHN R. BROWN, Chief Judge and TUTTLE and RONEY, Circuit Judges.


JOHN R. BROWN, Chief Judge:

This appeal presents the question of whether or not evidence of subsequent corrective measures and evidence of a subsequent failure of the same apparatus is admissible to negate a shipowner's asserted defense of instant unseaworthiness in a suit for damages arising from alleged personal injuries sustained on the shipowner's vessel during unloading operations.1

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