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FOSTER v. DESTIN TRADING CORP.

No. 96-C-0803.

700 So.2d 829 (1997)

Melvin and Lou FOSTER v. DESTIN TRADING CORPORATION and Blessy Marine Service, Inc.

Supreme Court of Louisiana.

November 6, 1997.

CALOGERO, Chief Justice, dissenting.

I dissent from the majority opinion because I believe that the vessel in question was indeed unseaworthy. Plaintiff is entitled to recover a mitigated amount of damages due to his own negligence in helping to create the unseaworthy condition.

The majority properly points out that the nature of the duty owed by a vessel owner to furnish a seaworthy vessel is absolute and nondelegable...

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