Prohoroff

Plaintiff John Prohoroff brought an action for personal injuries against defendant Kawasaki Kisen Kaisha, Ltd., a corporation, pursuant to section 905(b) of the Longshoremen’s and Harbor Workers’ Compensation Act ( 33 U.S.C. § 901 et seq.), hereinafter sometimes referred to as LHWCA. Continental Insurance Company filed a complaint in intervention, seeking reimbursement from defendant for compensation benefits provided Prohoroff.

Trial was by jury. A special verdict was returned; the jury found defendant liable to plaintiff in the amount of $318,000 because of the defendant’s negligence, and that compensation benefits of $29,058.36 had been provided to plaintiff by the complainant-in-intervention. Ten percent of the combined negligence of plaintiff and defendant was attributed to plaintiff. Defendant made motions for judgment notwith standing the verdict and for a new trial; both motions were denied. Judgment was accordingly entered awarding plaintiff $283,294.16 and Continental $29,058.36.

Defendant has appealed from the judgment.

I

The Procedural Background

The accident occurred on April 14, 1974, on the deck of defendant’s vessel, the Golden Gate Bridge, as it was…