Frank Burrage v. Flota Mercante Grancolombiana, S.A. (1970)

Holding that the stevedore had breached its warranty of workmanlike performance by failing to clean up the coffee beans, this Court stated in Burrage, 14 The notion of workmanlike performance certainly encompasses an obligation by the contractor to take notice of those deficiencies and hazards likely to give rise to damage to life, limb, or property and then take requisite action depending on the nature of the relationship of the parties and their contractual obligations, ex…

Holding that the stevedore had breached its warranty of workmanlike performance by failing to clean up the coffee beans, this Court stated in Burrage, The notion of workmanlike performance certainly encompasses an obligation by the contractor to take notice of those deficiencies and hazards likely to give rise to damage to life, limb, or property and then take requisite action depending on the nature of the relationship of the parties and their contractual obligations, expre…

We stated: "The notion of workmanlike performance certainly encompasses an obligation by the contractor to take notice of those deficiencies and hazards likely to give rise to damage to life, limb, or property and then take requisite action depending on the nature of the relationship of the parties and their contractual obligations, express or implied, either to eliminate or minimize the hazard or to stop work until the situation is corrected." 431 F.2d at 1232. 12 It is cle…

We stated: “The notion of workmanlike performance certainly encompasses an obligation by the contractor to take notice of those deficiencies and hazards likely to give rise to damage to life, limb, or property and then take requisite action depending on the nature of the relationship of the parties and their contractual obligations, express or implied, either to eliminate or minimize the hazard or to stop work until the situation is corrected.” 431 F.2d at 1232.

Similarly, in Burrage, the evidence showed the stevedore breached its duty of workmanlike service when it failed to remedy a known coffee bean spillage that caused the plaintiff to slip and fall on the dock while unloading cargo. 431 F.2d at 1231, 1232-33.

The Fifth Circuit in Burrage v. Flota Mercante Grancolombiana, 431 F.2d 1229 (5th Cir. 1970) stated: The notion of workmanlike performance certainly encompasses an obligation by the contractor to take notice of those deficiencies and hazards likely to give rise to damage to life, limb, or property and then take requisite action depending on the nature of the relationship of the parties and their contractual obligations, express or implied, either to eliminate or minimize the…

See Burrage v. Flota Merchante Grancolombiana, S.A., 431 F.2d 1229 (5th Cir. 1970). .

See also Burrage v. Flota, 5 Cir., 1969, 431 F.2d 1229 , 1970 A.M.C. 2254 (finding vessel unbeanworthy). 13 .

See also Burrage v. Flota Mercante Grancolombiana, 431 F.2d 1229 (5th Cir. 1970). 10 In Teofilovich v. D'Amico Mediterranean/Pacific Line, 415 F.Supp. 732 (C.D.Cal.1976), the court refused to apply Restatement (Second) of Torts §§ 413 & 416 (1965) to hold a shipowner vicariously liable for the negligence of the stevedore, holding that this "would do violence to the letter and policy of 33 U.S.C. § 905 (b). . . .

See also Burrage v. Flota Mercante Grancolombiana, 431 F.2d 1229 (5th Cir. 1970). .

See, e. g., Burrage v. Flota Mercante Grancolombiana S.A., 5 Cir., 1970, 431 F.2d 1229 , 1232-33, 1970 AMC 2254 , 2257; Grigsby v. Coastal Marine Service of Texas, Inc., 5 Cir., 1969, 412 F.2d 1011, 1040-41 , 1969 AMC 1513, 1554 . .

See Burrage v. Flota Mercante Grancolumbiana, S.A., 5 Cir. 1970, 431 F.2d 1229 , 1232.

See Burrage v. Flota Mercante Grancolombiana, S.A., 431 F.2d 1229 (5th Cir.1970).

See also to this same effect, Burrage v. Flota Mercante S.A., 431 F.2d 1229 (5th Cir., 1970).