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TEPLY v. MOBIL OIL CORP.

No. 88-4314 Summary Calendar.

859 F.2d 375 (1988)

Richard TEPLY, Plaintiff-Appellant, and Reeled Tubing, Inc. and National Union Fire Insurance Company of Pittsburg, Intervenors-Third Party Plaintiff-Appellant, v. MOBIL OIL CORPORATION and the Unnamed Barge, Defendants-Appellees, and Ronco Barge and Crew Boat Rentals, Inc., Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 7, 1988.

Attorney(s) appearing for the Case

Susan C. Severance, Lafayette, La., for Richard Teply.

Laura Kay Austin, Susan A. Daigle, Lafayette, La., for Reeled Tubing Inc. and Nat. Union, Etc.

St. Paul Bougeois, Lafayette, La., for Reeled Tubing, Inc.

William B. Gaudet, Adams & Reese, New Orleans, La., for Mobil Oil Corp.

Ronald A. Johnson, James E. Swinnen, New Orleans, La., for Ronco Barge & Crew Boat Rentals, Inc.

Before RUBIN, GARWOOD and DAVIS, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The district court rendered summary judgment rejecting a harborworker's claim under 33 U.S.C. § 905(b) and general maritime law against a vessel aboard which he was injured. It did so because: (1) the harborworker's accident resulted from an obvious danger, and (2) that danger was created by circumstances about which the vessel neither knew nor should have known. The injured harborworker had ample opportunity to produce evidence...

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