George A. Lies v. Farrell Lines, Inc. And Does One Through Ten, Inclusive

Bad Law
641 F.2d 765·7 Fed. R. Serv. 1501·1981 U.S. App. LEXIS 14598
United States Court of Appeals for the Ninth CircuitApril 6, 198179-4036California5,492 words

Opinion

Opinion

Jameson, J.

Appellant, George A. Lies, brought this action against appellee, Farrell Lines, Inc., under the Jones Act, 46 U.S.C. § 688 , for injuries he received on July 4, 10 and 11, 1974, while working as a seaman on a vessel owned and operated by Farrell Lines. While the suit was pending, Lies was injured again in October, 1977, while working on another company’s vessel and claimed that this accident was caused in part by the injury of July 11, 1974. The district court granted the motion of Farrell Lines for partial summary judgment that Farrell Lines was not liable for injuries or damages proximately caused by Lies’ October, 1977, accident. The jury returned a verdict in Lies’ favor for $500.00 for the injuries sustained in the July, 1974 accidents, and judgment was entered for that amount. Lies appeals from the judgment and denial of his motion for a new trial.

I. Factual Background

George Lies is an able-bodied seaman. In July, 1974, he was involved in three accidents while working aboard the S. S. Austral Pilgrim, a vessel owned by Farrell Lines. The first accident occurred on July 4, at approximately 12:30 A. M. Lies was ordered over his protest to stow some cargo gear in an unlit…

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