James Davison v. Pacific Inland Navigation Company, Inc., a Washington Corporation, and Mitsubishi International Corporation, a New York Corporation

This case is an appeal from a judgment entered in the United States District Court of Oregon.

Plaintiff-appellee Davison, an employee of Jones-Oregon Stevedoring Co., (Jones-Oregon), received injuries on June 22, 1973, while working as a longshoreman unloading urea from Barge 312-1, owned by Pacific Inland Navigation Co. (PAC) and voyage chartered to Mitsubishi International Corporation (MIC). Davison sued PAC and MIC, alleging that their negligence was the cause of his injury. The jury returned a verdict of $32,212 for Davison against MIC and found in favor of PAC. MIC’s Motion for Judgment Notwithstanding the Verdict or For a New Trial was denied by the trial judge.

The central issue on this appeal is whether MIC was negligent under the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA), as amended in 1972, 33 U.S.C. § 901 et seq. We find no evidence to sustain the jury’s award and reverse and remand to the district court with instructions to enter judgment for defendant-appellant MIC and to dismiss the complaint.

The test for the appropriate grant of a judgment notwithstanding the verdict is whether, without the need for weighing the credibility of witnesses, the…