Tuesday, January 16, 2007

Hill v. Knapp (Ct. of Appeals)

Decided January 6, 2007—Opinion by Judge Irma Raker

The appellant, Christopher Hill, was injured when a load of plywood dropped on him from a forklift while he was working on a pier in Baltimore. Hill filed a state common law negligence action against the forklift operator, appellee Daniel Knapp. On the primary issue of whether the federal Longshore and Harbor Workers’ Compensation Act (33 U.S.C. §§901-950), preempts a state tort claim for damages by a longshoreman against a co-employee in the “twilight zone,” the Court of Appeals held that the federal act preempts such a claim.

The full opinion is available in PDF.

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