Catania

Plaintiff, a seaman, injured his finger while working aboard defendant’s vessel. He brought this action, seeking damages under a theory of negligence pursuant to the Jones Act ( 46 U.S.C. § 688 ) and under a theory of unseaworthiness pursuant to general maritime law. The trial court granted defendant’s motion for a directed verdict insofar as the unseaworthiness count was concerned. The jury returned a verdict for plaintiff under the Jones Act count. The trial court granted a motion for judgment notwithstanding the verdict, and plaintiff appealed the judgment. We reverse.

The Motion Was Granted In Time

We reject plaintiff’s argument that the trial court lacked jurisdiction to grant this motion. In making this argument plaintiff relies upon that portion of section 629 of the Code of Civil Procedure which states “. . . . The power of the court to rule on a motion for judgment notwithstanding the verdict shall not extend beyond the last date upon which it has the power to rule on a motion for a new trial....” A motion for a new trial must be ruled upon within 60 days from and after the mailing of notice of entry of judgment. (Code Civ. Proc., § 660.)

Such notice was…