Loffland Brothers Company v. Huckabee, 22960.
| Decision Date | 18 April 1967 |
| Docket Number | No. 22960.,22960. |
| Citation | 373 F.2d 528 |
| Parties | LOFFLAND BROTHERS COMPANY, Appellants, v. Gerald H. HUCKABEE et al., Appellees. Gerald H. HUCKABEE, Appellant, v. LOFFLAND BROTHERS COMPANY et al., Appellees. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Donald L. King and Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for Loffland Bros. Co.
Ungar, Dulitz & Martzell, Martzell and James A. Wysocki, New Orleans, La., for Gerald H. Huckabee.
A. R. Christovich, Jr., and Christovich & Kearney, New Orleans, La. for Marine Catering Service, Inc. and Great American Ins. Co.
Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and BREWSTER, District Judge.
This is an appeal by Loffland, owner of a seagoing drilling tender, from a verdict and judgment in favor of one Huckabee, an employe of a service company, Marine Catering Service, Inc., for injuries suffered by Huckabee while descending a ladder aboardship; a cross appeal by Huckabee from the action of the trial court in crediting the judgment against Loffland by a settlement payment made to Huckabee by his employer; and an appeal by Loffland from a judgment by the trial court dismissing a third party complaint by Loffland against Marine Catering following a jury verdict that no "indemnity is due to Loffland Brothers Company by Marine Catering Company."
We have carefully considered the record and each of the grounds of appeal and cross-appeal, and find them all to be without merit. The substantial issues were fact issues. They were resolved by the jury following a charge by the court which we find adequately presented the issues for determination.
The judgments are affirmed.
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Dobbins v. Crain Bros., Inc., s. 77-1213
...against double recovery by the longshoremen. 15 See also Billiot v. Seward Seacraft, 382 F.2d 662 (5th Cir. 1967); Loffland Bros. Co. v. Huckabee, 373 F.2d 528 (5th Cir. 1967). Pope & Talbot v. Hawn, 346 U.S. 406, 74 S.Ct. 202, 98 L.Ed. 143 (1953), does not hold otherwise. In that case the ......
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Murphy v. Florida Keys Elec. Co-Op. Ass'n, Inc.
...issue of the proper way to apportion liability between settling and nonsettling tortfeasors in admiralty cases in Loffland Brothers Co. v. Huckabee, 373 F.2d 528 (5th Cir.1967), and Billiot v. Stewart Seacraft, Inc., 382 F.2d 662 (5th Cir.1967). In those two cases the Fifth Circuit determin......
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Trexler v. Tug Raven
...summary judgment was granted to the defendant on the basis of the settlement with McDermott. Relying primarily upon Loffland Bros. Co. v. Huckabee, 373 F.2d 528 (1967), the Court of Appeals for the Fifth Circuit reversed, holding that the amount of the settlement with McDermott would merely......
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Billiot v. Sewart Seacraft, Inc.
...(W.D.La.1962),2 and we recently approved its use in a maritime tort case quite similar to the one before us. Loffland Bros. Co. v. Huckabee, 5 Cir., 373 F.2d 528 (March 2, 1967). In Loffland, three suits brought by an injured seaman were consolidated. In two separate complaints, the plainti......