Torres v. Johnson Lines’s Empirical Analysis
932 F.2d 748 · 1991
Citation profile
16 federal appellate · 3 district ·
Relationships
Applies 33 U.S.C. § 902 · 33 U.S.C. § 905
Relies on Scindia Steam Navigation Co. v. De Los Santos · Federal Marine Terminals, Inc. v. Burnside Shipping Co. · Tipton v. Socony Mobil Oil Co. · Randolph v. Laeisz · Savoie v. Otto Candies, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“1. Fails to turnover a reasonably safe vessel, equipment, and work space so a reasonably competent worker can safely perform his tasks (turnover duty of safe conditions); 2. Fails to warn the ship repair worker of non-obvious hazardous conditions (turnover duty to warn); 3. Actively involves itself in repair work and negligently injures a ship worker or repairman (active involvement duty); 4. Fails to exercise due care to avoid exposing ship workers to harm from hazards they may encounter in areas, or from equipment under the active control of the vessel during the work (active control duty); 5. Fails to intervene and correct a condition posing an unreasonable risk or harm when the vessel owner had actual knowledge of the danger and knows he cannot rely on the ship worker to correct the situation (duty to intervene); and 6. Fails to discover dangerous conditions that develop within the confines of the ship repairman’s work if imposed by contract, positive law, or custom (duty to supervise and inspect).”
2 later decisions quote this exact passage · from the majority“has imposed an additional requirement for establishing the duty [to intervene]: the vessel must have helped create the hazard.”
2 later decisions quote this exact passage · from the majority“certain dangers that may be hazardous to unskilled persons need not be remedied if an expert and experienced stevedore could safely work around them,”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.