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BUNN v. OLDENDORFF CARRIERS GMBH & CO. KG

No. 12-1888.

723 F.3d 454 (2013)

Richard BUNN, Plaintiff-Appellee, v. OLDENDORFF CARRIERS GMBH & CO. KG, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 17, 2013.

Attorney(s) appearing for the Case

ARGUED: Geoffrey S. Tobias , Ober, Kaler, Grimes & Shriver, Baltimore, Maryland, for Appellant. Bernard Jerome Sevel , Arnold, Sevel & Gay, P.A., Towson, Maryland, for Appellee. ON BRIEF: Jack R. Daley , Ober, Kaler, Grimes & Shriver, Baltimore, Maryland, for Appellant. Gerald F. Gay , Arnold, Sevel & Gay, P.A., Towson, Maryland, for Appellee.

Affirmed by published opinion. Judge DAVIS wrote the majority opinion, in which Judge WYNN joined. Judge MOTZ wrote a dissenting opinion.

DAVIS, Circuit Judge:

Defendant-Appellant Oldendorff Carriers GmbH & Co. KG ("Oldendorff") appeals from a judgment entered on a jury verdict under § 5(b) of the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 905(b) (the "Act"). The claim arose when the longshoreman, Plaintiff-Appellee Richard Bunn, slipped and fell on Oldendorff's ship, the CHRISTOFFER OLDENDORFF ("the ship"), during loading operations in the Baltimore port. For the following...

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