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LEWIS v. TIMCO, INC.

No. 81-3022.

716 F.2d 1425 (1983)

Alfred LEWIS, Plaintiff-Appellant Cross-Appellee, v. TIMCO, INC., et al., Defendants-Appellees, v. JOY MANUFACTURING, Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

September 27, 1983.

Attorney(s) appearing for the Case

Robert K. Guillory, Cornelius Dupre, II, Eunice, La., for Lewis.

Hal Broussard, Lafayette, La., for Timco, Inc.

Patrick A. Juneau, Jr., Lafayette, La., for Home Petroleum.

Robert M. Contois, Jr., Edith Brown Clement, New Orleans, La., for Atwood Oceanic, Inc.

James E. Diaz, Lafayette, La., for Rebel Rentals.

John A. Jeansonne, Jr., Lafayette, La., for Joy Mfg.

Vinson & Elkins, Charles T. Newton, Jr., Harold K. Watson, Houston, Tex., for Petroleum Equip. Suppliers Assoc., amicus curiae.

Before CLARK, Chief Judge, BROWN, GEE, RUBIN, GARZA, REAVLEY, POLITZ, RANDALL, TATE, JOHNSON, WILLIAMS, GARWOOD, JOLLY and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We face the question of whether the doctrine of comparative fault applies in a products liability suit maintained under the maritime jurisdiction of the federal courts. We are persuaded that it does.

I

Alfred Lewis was injured when working as a member of a crew furnished by his employer, Timco, Inc., to Atwood Oceanics, Inc. for work aboard Oceanics' drilling barge, the Vicksburg. At the time of the accident...

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