Fredrick Wilhelm, Jr., and Robert Hammermeister v. Associated Container Transportation (Australia) Ltd., and Taylor MacHine Works, Inc.

Longshoremen Wilhelm and Hammermeister appeal from the dismissal of their product liability claim against the vessel owner Associated Container Transportation (Australia), Ltd., (Associated), and from the denial of their motion for new trial. The district court concluded the product liability claim against Associated was proscribed by 38 U.S.C. § 905 and found that the jury verdict in favor of Associated and Taylor Machine Works was not against the clear weight of the evidence and did not work any miscarriage of justice. We affirm.

The Longshoremen’s and Harbor Workers’ Compensation Act, as amended in 1972, provides in pertinent part:

33 U.S.C. § 905 (b).

As this Court stated in Santos v. Scindia Steam Navigation Co., 598 F.2d 480 (9th Cir. 1979), aff’d. sub nom. Scindia Steam Navigation Co. v. Santos, — U.S. -, 101 S.Ct. 1614 , 68 L.Ed.2d 1 (1981),

598 F.2d 483 .

The trial court’s dismissal of the strict product liability claim against Associated was correct. In view of the foregoing, we need not reach the question whether appellants waived such claim by withdrawing their proposed jury instructions in regard thereto.

Appellants also challenge the trial court’s denial of…