Teofilovich

AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW

This cause came on regularly for trial February 24, 1976 before the Honorable Jesse W. Curtis, United States District Judge presiding. Joe Ling of Ackerman, Ling & Russell appearing for plaintiff; Richard M. Secia of Pinney and Tighe appearing for Hartford Accident and Indemnity Company, plaintiff in intervention, and Ralph D. Kirwan and Michael D. Dempsey of Lillick, McHose & Charles appearing for defendant.

Evidence, both oral and documentary, having been admitted and having heard the evidence and arguments of counsel, having considered the briefs on file and having granted the defendant’s motion for directed verdict, the court now finds the facts and sets forth the conclusions of law as follows:

Plaintiff sued d’Amico Societa Di Navi-gazione S.p.A. (“d’Amico”) for damages because of injuries allegedly suffered while working as a longshoreman on board defendant’s vessel Lorenzo d’Amico on October 10, 1974. Plaintiff is a California resident and d’Amico is an Italian resident so this court has jurisdiction by virtue of the diversity of citizenship of the parties. 28 U.S.C. § 1332 . Hartford Accident and Indemnity Company, the…