Victory Carriers, Inc. v. Law, 404 U.S. 202 (1971)

Victory Carriers, Inc. v. Law


No. 70-54


Argued October 18-19, 1971
Decided December 13, 1971
404 U.S. 202

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

Syllabus

State law and, not federal maritime law, held to govern suit by respondent longshoreman who was injured by alleged defect in his stevedore employer’s pier-based forklift truck which respondent was operating on the dock to transfer cargo to a point alongside a vessel where it was to be hoisted aboard by the ship’s own gear. Seas Shipping Co. v. Seracki, 328 U.S. 85, and Gutierrez v. Waterman S.S. Corp., 373 U.S. 206, distinguished. Pp. 204-216.

432 F.2d 376, reversed.

WHITE, J., delivered the opinion of the Court, in which BURGER, C.J., and STEWART, MARSHALL, and BLACKMUN, JJ., joined. DOUGLAS, J., filed a dissenting opinion, in which BRENNAN, J., joined, post, p. 216.