United States Supreme Court
Victory Carriers, Inc., et al. v. Law
Certiorari to the United States Court of Appeals for the Fifth Circuit
No. 70-54 Argued: October 18-19, 1971. --- Decided: December 13, 1971
State law and not federal maritime law held to govern suit by respondent longshoreman who was injured by alleged defect in his stevedore employer's pier-based forklift truck which respondent was operating on the dock to transfer cargo to a point alongside a vessel where it was to be hoisted aboard by the ship's own gear. Seas Shipping Co. v. Sieracki, 328 U.S. 85, and Gutierrez v. Waterman S.S. Corp., 373 U.S. 206, distinguished. Pp. 204-216.
432 F. 2d 376, reversed.
WHITE, J., delivered the opinion of the Court, in which BURGER, C.J., and STEWART, MARSHALL, and BLACKMUN, JJ., joined. DOUGLAS, J., filed a dissenting opinion, in which BRENNAN, J., joined, post, p. 216.
W. Boyd Reeves argued the case for petitioners. With him on the briefs were George F. Wood and T.K. Jackson, Jr.
Ross Diamond, Jr., argued the cause for respondent. With him on the brief was J. Cecil Gardner.
E.D. Vickery, Dennis Lindsay, Francis A. Scanlan, and J. Stewart Harrison filed a brief for the National Maritime Compensation Committee as amicus curiae urging reversal.
David B. Kaplan filed a brief for the American Trial Lawyers Association as amicus curiae urging affirmance.
Notes edit
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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