Usner v. Luckenbach Overseas Corp.

United States Supreme Court

400 U.S. 494

Usner  v.  Luckenbach Overseas Corp. et al.

Certiorari to the United States Court of Appeals for the Fifth Circuit

No. 47.  Argued: November 18, 1970 --- Decided: January 25, 1971

Isolated, personal act of negligence by a fellow longshoreman resulting in injury to petitioner did not make shipowner liable on ground of unseaworthiness of vessel, as injury was not caused by ship's condition, appurtenances, cargo, or crew. There is a "complete divorcement of unseaworthiness liability from concepts of negligence." Mitchell v. Trawler Racer, 362 U.S. 539, 550. Pp. 496-500.

413 F. 2d 984, affirmed.

STEWART, J., delivered the opinion of the Court, in which BURGER, C.J., and WHITE, MARSHALL, and BLACKMUN, JJ., joined. DOUGLAS, J., filed a dissenting opinion in which BLACK and BRENNAN, JJ., joined, post, p. 501. HARLAN, J., filed a dissenting opinion, post, p. 503.

H. Alva Brumfield argued the cause for petitioner. With him on the brief were Evangeline M. Vavrick and H. Alva Brumfield III.

Charles Kohlmeyer, Jr., argued the cause for respondents. With him on the brief were Thomas W. Thorne, Jr., and Benjamin W. Yancey.

Arthur J. Mandell filed a brief for the American Trial Lawyers Association as amicus curiae urging reversal.

Notes