National Marine Service v. Petroleum Service Corp.

736 F.2d 272 (1984)

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National Marine Service v. Petroleum Service Corp.

United States Court of Appeals for the Fifth Circuit
736 F.2d 272 (1984)

Facts

National Marine Service, Inc. (plaintiff) brought a maritime products-liability case against Petroleum Service Corporation (defendant). Petroleum Service raised an assumption-of-risk defense, a defense that, historically, completely barred a plaintiff’s recovery if successful. On appeal, the Fifth Circuit used the case as an opportunity to decide whether absolute defenses should still be allowed in products-liability cases under general maritime law.

Rule of Law

Issue

Holding and Reasoning (Johnson, J.)

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