American Mail Line, Ltd. v. Jack Weaver
Opinion
Opinion
Hufstedler, J.
American Mail Line, Ltd. (“American”), appeals from a judgment awarding $22,276.46 damages to Weaver, a longshoreman, for personal injuries sustained as a result of the unseaworthiness of American’s vessel. American claims error in two respects: (1) The District Court improperly presented to the jury Weaver’s medical expenses and earning losses, and (2) the damages awarded were excessive. Federal jurisdiction was based on diversity of citizenship.
The parties before trial had stipulated that the amount of Weaver’s wage loss was $2,412.84 during the period of his claimed disability and that medical expenses totaling $1,375.90 had been paid on his behalf.
American proposed that the jury be instructed to disregard all of the medical expenses because “all of such medical treatment and hospitalization was and will be furnished by [American]' under its obligations imposed upon it by the Longshoremen’s & Harbor Workers’ Act” ( 33 U.S.C. § 901 et seq.) and that the jury should be further instructed that it must set off from Weaver’s total wage loss of $2,412.84 compensation bene fits paid by American to Weaver in the sum of $1,347.64.