Robert W. Smith v. Tow Boat Service & Management, Inc.

66 F.3d 336 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert W. SMITH, Plaintiff-Appellant, v. TOW BOAT SERVICE & MANAGEMENT, INC., et al., Defendants-Appellees. No. 93-16046. United States Court of Appeals, Ninth Circuit. Submitted May 3, 1995. * Decided Aug. 30, 1995. Before: PREGERSON, KOZINSKI and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Robert M. Smith ("Smith") filed this Jones Act action, pursuant to 28 U.S.C. Sec. 1333 , against his employer, Tow Boat Service & Management, Inc. ("Tow Boat"), for damages arising out of a work-related injury. Smith broke his ankle when he jumped from the deck of the barge on which he was working to the dock at Pier 38 in Honolulu harbor. 3 By special verdict, the jury found that the vessels involved were not unseaworthy and that Tow Boat was not negligent. Pursuant to a verdict form approved by Smith, it went on to find Smith 90% contributorily negligent and calculate his damages as $59,000. [SER CR 73.] The district…