Clarence F. Tinsley Marion Tinsley v. Sea-Land Corporation, a Corporation

This is the second appeal in this personal injury action arising out of an accident on a ship owned and operated by the defendant, Sea-Land Corporation. In its original judgment, the district court found the un-seaworthy condition of defendant’s ship was the sole cause of plaintiffs injuries and awarded damages of $721,673. On appeal, we affirmed the finding of unseaworthiness, but held plaintiffs negligence had contributed to his injuries and remanded for a determination of comparative negligence. 917 F.2d 28 (Table) (text available at 1990 WL 163934 ). The district court found plaintiff 10% negligent and reduced the damage award accordingly. The court also ordered defendant to pay post-judgment interest on the reduced award from the date of the original judgment. Sea-Land timely appeals. We affirm.

The award of postjudgment interest is governed by 28 U.S.C. § 1961 . See Kotsopoulos v. Asturia Shipping Co., 467 F.2d 91, 95 (2d Cir.1972) (award of post-judgment interest in maritime actions is governed by 28 U.S.C. § 1961 ). Section 1961(a) provides “[ijnterest shall be allowed on any money judgment in a civil case recovered in a district court” and “shall be calculated from the…