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Melerine v. Avondale Shipyards, Inc.
United States Court of Appeals for the Fifth Circuit
659 F.2d 706 (1981)
Anthony Melerine Jr. (plaintiff) was a welder and fitter who was employed by a contractor who had been hired to convert a cargo ship so it could be used to drill oil wells. Melerine was injured when his foreman directed Melerine to help direct a crane operator to relocate a heavy mooring bit from one side of the ship to the other. The crane operator was employed by a different employer, Avondale Shipyards, Inc. (defendant). Melerine sued Avondale for negligence and alleged that the crane operator’s violations of Occupational Safety and Health Act (OSHA) regulations provided evidence of the standard of care owed to Melerine and that such violations constituted the crane operator’s negligence per se. The trial court ruled for Avondale, finding that the crane operator acted in a prudent and reasonable manner and that there was no negligence on the part of any Avondale employee or any other person for whom Avondale would be legally responsible. Melerine appealed.
Rule of Law
Holding and Reasoning (Rubin, J.)
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