Trinidad Pimental v. Ltd Canadian Pacific Bul

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that the defects were obvious based on the testimony of two crane operators who stated that the defects were immediately noticeable
• finding that the defects were obvious based on the testimony of two crane operators who stated that the defects were immediately noticeable
• observing that the plaintiff had “offered no proof that the[] [hazardous] conditions were reported to the vessel crew”
• evidence of liability under one of these Scindia duties sufficient to defeat motion for directed verdict for vessel owner
• “Liability based on this exception is not relieved when the hazard is open and obvious. If, however, a vessel has relinquished control over an area to the stevedore, then it is the primary responsibility of the stevedore to remedy a hazard in that area.” (citations omitted)
• party asserting affirmative defense has burden of proof

Source: CourtListener parenthetical corpus (CC0).