· 9/14/1998
Auther Jones v. Spentonbush-Red Star Company
Citations
- 155 F.3d 587
- 1999 A.M.C. 324
- 1998 U.S. App. LEXIS 22362
- 1998 WL 603198
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- affirming denial of prejudgment interest due to plaintiffs undue delay of nearly three years from the date of his accident to the filing of his lawsuit
- “Imposing negligence per se, shifting the burden of proof and barring a finding of comparative negligence for an OSHA violation would all 'enlarge or diminish or affect in any other manner’ the liability of a maritime employer’’
- finding non-mandatory authorities “evidence of the standard of care, the violation of which may be accepted or rejected as proof of negligence by the trier of fact according to the sum total of all the evidence.”
- “In the absence of a per se rule, OSHA is simply evidence of the standard of care, the violation of which may be accepted or rejected as proof of negligence by the trier of fact according to the sum total of all the evidence.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Winter, Cardamone, Carman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.