Joseph Figueroa, Plaintiff-Appellee-Cross-Appellant v. Campbell Industries, Defendant-Appellant-Cross-Appellee

Defendant Campbell Industries appeals the district court judgment following a jury verdict in favor of Plaintiff Joseph Figueroa under the Jones Act, 46 U.S.C.App. § 688, and Mr. Figueroa cross-appeals the trial court’s judgment setting off, from the verdict, the amount of benefits Mr. Figueroa had previously received under state workers’ compensation statutes and the Longshore & Harbor Workers’ Compensation Act, 33 U.S.C. § 901 et seq.

The district court had original jurisdiction pursuant to 28 U.S.C. § 1333 . We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the district court’s judgment, except as modified in a separate unpublished memorandum disposition filed with this opinion.

FACTS AND PRIOR PROCEEDINGS

Campbell Industries operates a shipyard at San Diego, California, where it builds and repairs ocean-going vessels. The Plaintiff, Joseph Figueroa, was a waysman (shipyard worker) and tugboat operator employed by Campbell Industries when he was injured on May 27,1987 aboard the “Guppy,” a tug boat owned by Campbell Industries. The GUPPY was used in connection with ship construction and repair, and was tied to the dock at the time of the accident.

Shortly after…