MARTIN v. HARRIS

No. 07-1610.

560 F.3d 210 (2009)

William L. MARTIN, Jr., Plaintiff-Appellee, v. Richard O. HARRIS, in personam; Cheryl P. Harris, in personam; The Oil Screw Fintastic, Official Number 587095, her engines, equipment, tackle and apparel, in rem, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: March 11, 2009.


Attorney(s) appearing for the Case

ARGUED: Bryan K. Meals, McGuirewoods, L.L.P., Norfolk, Virginia, for Appellants. Stevenson Lee Weeks, Sr., Wheatly, Wheatly, Weeks & Lupton, P.A., Beaufort, North Carolina, for Appellee. ON BRIEF: Jonathan H. Edgar, McGuirewoods, L.L.P., Charlotte, North Carolina; William H. Baxter, II, McGuirewoods, L.L.P., Richmond, Virginia, for Appellants.

Affirmed as modified by published opinion. Judge NIEMEYER wrote the opinion, in which Judge AGEE and Judge VOORHEES joined.


OPINION

NIEMEYER, Circuit Judge:

Shortly after 4:30 a.m. on May 31, 2002, before departing to sea from the Oregon Inlet Fishing Center in Cape Hatteras National Seashore Park, North Carolina, as Captain Richard Harris and Mate William Martin prepared the oil screw Fintastic for a fishing charter, Martin slipped and fell on fish slime and gurry, which had been left on the dock, injuring his back.1

Martin commenced...

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