Ebanks v. Reserve Marine Enterprises, Inc.
Also decided on this docket: La., November 12, 1993 627 So. 2d 645
Ebanks v. Reserve Marine Enterprises, Inc., 625 So. 2d 1050 (La. 1993).
Cited by
- Bell v. Dunn 924 So. 2d 224 La. Ct. App. 4th Cir. 2005
- Suire v. Lafayette City-Parish Government 907 So. 2d 37 La. 2005
- Bowens v. Patterson 716 So. 2d 69 La. Ct. App. 3d Cir. 1998
- Eppinette v. City of Monroe 698 So. 2d 658 La. Ct. App. 2d Cir. 1997
- Howell v. American Cas. Co. of Reading 691 So. 2d 715 La. Ct. App. 4th Cir. 1997
- Dowden v. Mid State Sand & Gravel Co. 664 So. 2d 643 La. Ct. App. 3d Cir. 1995
- Rhodes v. STATE THROUGH DEPT. OF TRANSP. & DEV. 656 So. 2d 650 La. Ct. App. 1st Cir. 1995
- Rhodes v. State ex rel. Department of Transportation & Development 656 So. 2d 650 La. Ct. App. 1st Cir. 1995
- Deville v. Federal Sav. Bank 635 So. 2d 195 La. 1994
- Jenkins v. State 634 So. 2d 7 La. Ct. App. 1st Cir. 1994
- Kaiser Aluminum Exploration Co. v. Thompson 530 So. 2d 552 La. 1988
Authorities cited
Identified automatically; this list may not be exhaustive.
- Orgeron v. Avondale Shipyards, Inc. 561 So. 2d 38
Opinion text
625 So.2d 1050 (1993) Davis EBANKS, Jr. and Lisa Ebanks v. RESERVE MARINE ENTERPRISES, INC., et al. No. 93-C-1707. Supreme Court of Louisiana. October 15, 1993. Rehearing Denied November 12, 1993. PER CURIAM. Writ granted. The factual question of whether a floating structure is a vessel is to be decided by the trier of fact. Southwest Marine, Inc. v. Gizoni, 502 U.S. ___ , 112 S.Ct. 486 , 116 L.Ed.2d 405 (1991); Ducote v. V. Keeler & Co., Inc., 953 F.2d 1000 (5th Cir.1992); Orgeron v. Avondale Shipyards, Inc., 561 So.2d 38 (La.1990). Since "even marginal claims are properly left for jury determination" ( Ducote, 953 F.2d at 1002 ), the trial court erred in holding that this crane barge was not a vessel as a matter of law. The summary judgment is reversed and the case remanded for trial on the merits. REVERSED AND REMANDED. LEMMON, J., would grant and docket the case. DENNIS, J., not on panel.