John J. Firth v. United States

This case, before us now for the second time, is an appeal from the district court’s judgment on remand awarding the seaman plaintiff damages in the amount of $183,000 for his admiralty injury claim under the Public Vessels Act (PVA), 46 U.S.C. § 781 et seq., and the Suits in Admiralty Act (SIA), Id. § 741 et seq. Plaintiff Firth originally brought suit in district court against the United States for injuries sustained in the course of his duties as “mess-man” aboard a government vessel. Plaintiff allegedly slipped and fell on a wet passageway aboard ship, causing injury to his back. The wet condition of this passageway assertedly resulted from the government’s negligence and caused the accident.

After trial without a jury, the district court rendered written findings of fact and conclusions of law. The court found inter alia that plaintiff had failed to hold on to handrails available on the passageway, despite knowing that the passageway was unsafe. Plaintiff’s injury was characterized as a “disabling disability which is not permanent in nature,” and he was found to be suffering from a traumatic neurosis. The district court, after meticulously analyzing plaintiff’s employment…