Chiasson v. Rogers Terminal & Shipping Corpn. - U.S. Ct. of Appeals (5th Circuit) - 28 June 1982

Whether injured longshoreman barred by 1972 LHWCA Amendments from suing employer in negligence

Chiasson was a longshoreman employed by R. Corpn. Like Burks (see previous case) he also worked as R. Corpn.’s barge K-1. K-1 was transferring grain to a Russian ocean-going vessel - Kreml. Chiasson was working in Kreml ’s hold as the grain was being transferred. For some reason, K-1 pivoted away from the Kreml so that grain, instead of proceeding on its normal path, poured directly on to Chiasson, injuring him. The District Court found R. Corpn. liable for negligence on the ground that K-1 was not provided with a stern winch, which would have prevented K-1 from pivoting away from the Kreml.