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Roy Lewis C. Williams v. Brasea, Inc.

Roy Lewis C. WILLIAMS, Plaintiff-Appellant, v. BRASEA, INC., Et Al., Defendants-Appellees

Roy Lewis C. Williams v. Brasea, Inc., 549 F.2d 977 (5th Cir. 1977)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
March 30, 1977
Docket
No. 76-3470
Judges
Morgan, Fay, Hunter
Citations
549 F.2d 9771977 A.M.C. 13781977 U.S. App. LEXIS 14069

Opinion — Fay

FAY, Circuit Judge:

Roy Lewis C. Williams was working as a seaman aboard the shrimp trawler Ciapesc I when seriously injured on December 10, 1969. Suit was brought against numerous defendants upon multiple theories. The district court in a bench trial found for Williams upon several theories against three of the defendants and assessed total damages at $527,500. This was reduced by 40% contributory negligence attributed to Williams. All parties appealed and a panel of this court held two of the defendants were not liable as a matter of law.

1

In attempting to resolve the disputed issues between Williams and appellee here, 2

the district judge was requested to make a specific finding on whether or not a fellow crewman (Terry) was acting pursuant to Williams’ order in starting the winch. On remand the question was answered in the negative.

3

Although this court clearly instructed the trial judge concerning the effect of such a finding and that under such circumstances Williams’ negligence 4

was not a contributing cause of his injury, 5

these directions were not followed. The trial judge again reduced Williams’ damages by 40%. We reverse.

This court’s earlier opinion clearly established the law of the case. Since the trial judge found Williams gave no instructions to Terry regarding starting the winch, Williams should have been awarded his full damages. We remand for entry of a final judgment in favor of Williams against Bra-sea, Inc. in the full amount of $527,500.

Reversed with directions.

1

.

Williams v. Brasea, Inc., 497 F.2d 67 (5th Cir. 1974) , pet. reh. denied, 513 F.2d 301 (5th Cir. 1975), cert. denied, 423 U.S. 906 , 96 S.Ct. 207 , 46 L.Ed.2d 136 (1975).

2

. Brasea, Inc. was the owner of the vessel and employer of the crew.

3

. After a thoughtful analysis of the testimony the trial judge concluded that Williams had not, in fact, given Terry an instruction to start the winch. The judge found that while Williams was untangling the line with his hands Terry “put it in gear” without looking at Williams, not realizing Williams was using his hands in trying to pull out the tangle in the line.

4

. The trial judge had found that Williams was negligent in putting himself in a place of danger which contributed to his injury.

5

.

Williams v. Brasea, Inc., 497 F.2d 67, 74 (5th Cir. 1974).

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

1978: 21981: 11982: 11992: 119782026peak 1978 · 2

Relies on it most ⓘ

  1. Jarvis v. Knowlton459 F. Supp. 687 (N.D. Tex. 1978)
  2. Ted Lewis Bobb, Individually v. Modern Products, Inc.648 F.2d 1051 (5th Cir. 1981)
  3. Juan Ceja v. Mike Hooks, Inc.690 F.2d 1191 (5th Cir. 1982)
  4. Dufour v. UNION PACIFIC RR CO.610 So. 2d 843 (La. Ct. App. 1992)
  5. In re Brasea, Inc., Petitioning for Exoneration From or Limitation of Liability. Petition of Roy Lewis C. Williams583 F.2d 736 (5th Cir. 1978)

Most recent

  1. Dufour v. UNION PACIFIC RR CO.610 So. 2d 843 (La. Ct. App. 1992)
  2. Juan Ceja v. Mike Hooks, Inc.690 F.2d 1191 (5th Cir. 1982)
  3. Ted Lewis Bobb, Individually v. Modern Products, Inc.648 F.2d 1051 (5th Cir. 1981)
  4. In re Brasea, Inc., Petitioning for Exoneration From or Limitation of Liability. Petition of Roy Lewis C. Williams583 F.2d 736 (5th Cir. 1978)
  5. Jarvis v. Knowlton459 F. Supp. 687 (N.D. Tex. 1978)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Williams v. Brasea, Inc., 497 F.2d 67 (5th Cir. 1974) 25

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