John T. Lawson v. United States

This is an appeal by the United States from a judgment entered against it under the provisions of 33 U.S.C. § 905 (b) in an action bringing into play the 1972 amendments to the Longshoremen’s and Harbor Workers’ Compensation Act, 86 Stat. 1251 . After waiver of a jury, the district court tried the case and entered judgment against appellant for the sum of $121,-734.00, together with costs incurred in the action, but reduced the said judgment by 40% on account of the contributory fault of appellee, leaving a total judgment of $73,-040.00 in appellee’s favor. The United States appeals. We affirm.

FACTUAL BACKGROUND

Although the facts surrounding the appellee’s accident were in dispute in the proceeding below, for the purposes of this appeal, the appellant accepts the district court’s findings of fact, and challenges only its legal conclusions.

, We summarize the district court’s findings as follows: the USS HANCOCK is a naval aircraft carrier owned and operated by appellant and at all relevant times herein mentioned was berthed in navigable waters at the U. S. Naval Air Station, Alameda, California. Prior to June 10, 1974, appellant hired Triple A Machine Shop, Inc. [AAA] as a…