McCormick Shipping Corporation, as Claimant-Owner of the S.S. Bahama Star, Etc., and McCormick Shipping Corporation, Individually v. Luis Tomacen

U.S. Court of Appeals for the Fifth Circuit
McCormick Shipping Corporation, as Claimant-Owner of the S.S. Bahama Star, Etc., and McCormick Shipping Corporation, Individually v. Luis Tomacen, 316 F.2d 730 (5th Cir. 1963)
1963 U.S. App. LEXIS 5438; 1963 A.M.C. 2357

McCormick Shipping Corporation, as Claimant-Owner of the S.S. Bahama Star, Etc., and McCormick Shipping Corporation, Individually v. Luis Tomacen

Opinion

PER CURIAM.

By a libel in rem and in personam libelant sought damages for personal injuries sustained when he fell in the shower on a Panamanian vessel in a foreign port. We need not determine whether the Court erred in receiving as expert testimony the evidence as to Panamanian law for the Appellant concedes that it at least imposes a standard comparable to the traditional one of ordinary care. Applying that principle, the trial Court with ample basis in the evidence found that the injuries were proximately caused by the failure of the employer to exercise due care. With like foundation the Court determined the nature and extent of the injui'ies and the damages sustained. There it ends. McAllister v. United States, 1954, 348 U.S. 19, 75 S.Ct. 6, 99 L.Ed. 20, 1954 AMC 1999.

Affirmed.

Reference

Full Case Name
McCORMICK SHIPPING CORPORATION, as Claimant-Owner of the S.S. BAHAMA STAR, Etc., and McCormick Shipping Corporation, Individually, Appellants, v. Luis TOMACEN, Appellee
Status
Published