Robert Pedersen v. Wahkiakum County, Washington, Robert Pedersen v. Wahkiakum County, Washington

73 F.3d 370 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 PEDERSEN, Plaintiff-Appellant, v. WAHKIAKUM COUNTY, WASHINGTON, Defendant-Appellee. Robert PEDERSEN, Plaintiff-Appellee, v. WAHKIAKUM COUNTY, WASHINGTON, Defendant-Appellant. Nos. 94-35634, 94-35637. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 16, 1995. Decided Dec. 22, 1995. As Amended on Denial of Rehearing Feb. 14, 1996. Before: BROWNING, RYMER, T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Robert Pedersen and his former employer, Wahkiakum County, cross-appeal following a bench trial in Pedersen's maritime tort suit. We affirm in part, reverse in part, and remand for a recalculation of damages. I. 3 The County argues the district court lacked jurisdiction. The district court had jurisdiction if Pedersen was injured "in the course of his employment." Braen v. Pfeifer Transportation Co., 361 U.S. 129, 132-33 (1959); 46 App. U.S.C. Sec. 688. Although the County contends the…