Pedro Alma v. Manufacturers Hanover Trust Co., as Trustee for Tanker Charter Corporation and Maritime Overseas Corporation

Good Law
684 F.2d 622·1983 A.M.C. 509·1982 U.S. App. LEXIS 16545
United States Court of Appeals for the Ninth CircuitAugust 17, 198279-4614California2,503 words

Opinion

Opinion

Hug, J.

This case involves a ship owner’s appeal of a judgment that held it liable for damages for the. injuries of an employee. The ship owner disputes the district court’s consideration of a medical expert’s opinion and challenges the computation of the damage award. We affirm the judgment of the district court,

BACKGROUND AND FACTS

Alma brought this action under the Jones Act, 46 U.S.C. § 688 , for injuries suffered in a fall while he was serving aboard the Overseas Juneau as an ordinary seaman. He named as defendants the ship’s owner, Maritime Overseas Corporation, and its trustee, Manufacturers Hanover Trust Company. The complaint alleged that Alma’s injuries were due to the defendants’ negligence and to the unsafe and unseawor-thy condition of the vessel. The specific injury claimed was aggravation of a congenital defect affecting Alma’s spine, which resulted in permanent partial disability.

The district court held that the complaint failed to state a claim against Manufacturers Hanover Trust. The dismissal of claims against that defendant is not appealed here.

At trial, Maritime Overseas Corporation (“Maritime”) admitted liability for Alma’s fall, but denied that any permanent…

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