Summary Calendar DARLENE TAYLOR DALLEO, Individually v. LOUISIANA INSURANCE GUARANTY ASSOCIATION, Third Party

United States Court of Appeals
Fifth Circuit
F I L E D
March 15, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-30543
Summary Calendar
DARLENE TAYLOR DALLEO, Individually and as the Surviving
Wife of Salvadore Dalleo, III,
Plaintiff-Appellant,
versus
RIVER CONSTRUCTION CO. INC., ET AL.,
Defendants,
RIVER CONSTRUCTION COMPANY INC.,
Defendant - Third Party Plaintiff -
Appellee - Appellant,
and
LOUISIANA WORKERS’ COMPENSATION CORPORATION,
Defendant - Appellee,
v.
LOUISIANA INSURANCE GUARANTY ASSOCIATION,
Third Party Defendant - Appellee.
--------------------
Appeals from the United States District Court
for the Eastern District of Louisiana
USDC No. 01-CV-2397-C
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Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges.

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No. 03-30543
-2-
* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
PER CURIAM:*
Darlene Dalleo, surviving spouse of Salvadore Dalleo, III,
appeals the district court’s grant of summary judgment and
dismissal of her claims against River Construction Co., Inc., a
marine construction company which employed Mr. Dalleo. River
Construction contracted to do dock repair work; it provided the
barge from which its employees did the repair work; Dalleo was
injured while climbing down timbers located on the dock in order to
get to the barge. Mrs. Dalleo filed suit against River
Construction arguing that, as owner of the barge, River
Construction was negligent under 33 U.S.C. § 905(b) for not
providing a safe ingress/egress between the barge and the dock.
Our de novo review of the record reveals that, in its capacity
as owner of the barge, River Construction did not breach its (1)
turnover duty, (2) its duty to protect against hazards arising in
areas or equipment under the barge’s active control, or (3) its
duty to intervene based upon knowledge as barge owner of a serious
hazard ignored by it acting in its capacity as stevedore. See
Fontenot v. United States, 89 F.3d 205, 209 (5th Cir. 1996); see
also Scindia Steam Nav. Co. v. De Los Santos, 451 U.S. 156, 166-70
(1981); Howlett v. Birkdale Shipping Co., S.A., 512 U.S. 92, 98
(1994); Castorina v. Lykes Bros. S.S. Co., Inc., 758 F.2d 1025,

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No. 03-30543
-3-
1031-33 (5th Cir. 1985). The district court was correct to dismiss
Mrs. Dalleo’s negligence claim against River Construction.
The claims subject of this suit fall within the definition of
ocean marine insurance as defined in LA. REV. STAT. ANN. 22:1379(9)
(West 1995), and the district court correctly dismissed River
Construction’s third-party claim against the Louisiana Insurance
Guaranty Association. See Blair v. Sealift, Inc., 91 F.3d 755, 757
(5th Cir. 1996); H & B Const. Co., Inc. v. LIGA, 580 So. 2d 931,
933-34 (La. App. 1991).
AFFIRMED.

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