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Keywords

negligenceappealtrialverdict

plaintiffdefendantnegligencetrial

Related Cases

Kokesh v. American S.S. Co., 747 F.2d 1092, 1985 A.M.C. 2808

Facts

Donald J. Kokesh, a seaman, was injured during his employment with American Steamship Company on two occasions. The first incident occurred aboard the M/V Charles Wilson, and the second incident happened on the M/V Consumers Power when Kokesh slipped and fell on a flooded deck contaminated with sewage. Kokesh attributed the flooding to the Company's negligence in managing the ballast tanks and maintaining the deck's safety.

Kokesh claimed that he was injured twice during the course of his employment by the Company. The first incident occurred on May 6, 1978 when Kokesh was serving as a bosun aboard the M/V Charles Wilson, owned by the Company. The second incident occurred on October 20, 1979 while Kokesh was serving as a bosun aboard a second ship owned by the Company, the M/V Consumers Power.

Issue

Did the jury's findings of negligence and unseaworthiness create an irreconcilable inconsistency, and was the jury's damage award excessive?

The Company makes two principal arguments for reversal. First, it asserts that the jury's findings for the plaintiff on the negligence claim and for the defendant on the unseaworthiness claim are irreconcilable and that, as a result, a new trial must be ordered.

Rule

The jury may reach opposite verdicts on negligence and unseaworthiness claims, and the standard for negligence is whether the Company exercised ordinary care.

The claims of negligence and of unseaworthiness, are different, and you must consider them separately in accordance with these instructions.

Analysis

The court noted that the jury could find the Company negligent for allowing the deck to become slippery while still concluding that the vessel was seaworthy. The jury's instructions allowed for separate consideration of the negligence and unseaworthiness claims, and the court found no prejudicial error in the jury's findings or the conduct of the trial.

The jury could have concluded from the proof that although the defendant did not exercise ordinary care in allowing the deck to be made slippery by overflow from the vessel's ballast tanks, the flooding of the deck did not make the vessel unseaworthy.

Conclusion

The Court of Appeals affirmed the jury's award of $500,000, finding it supported by sufficient evidence and not shockingly large.

Affirmed.

Who won?

Donald J. Kokesh prevailed in the case because the jury found that the Company was negligent, which caused his injuries, despite the vessel being deemed seaworthy.

We affirm.

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