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LUNSFORD v. HALCYON S.S. CO.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


February 14, 1973

Duaine LUNSFORD
v.
HALCYON STEAMSHIP COMPANY, INC.

Gorbey, District Judge.

The opinion of the court was delivered by: GORBEY

OPINION AND ORDER

GORBEY, District Judge.

 This case is a seaman's action brought to recover for injuries allegedly sustained on September 21, 1969, as a result of the negligence of the defendant and the unseaworthiness of defendant's vessel, the SS HALCYON PANTHER.

 Plaintiff is a merchant seaman in the United States Merchant Marine and employed by defendant, Halcyon Steamship Company, Inc., in the capacity of messman on defendant's vessel, the SS HALCYON PANTHER. On September 21, 1969, the vessel was at sea en route to Port Mauritus, in Africa. At 0540 on September 21, 1969, the plaintiff reported to the master of the vessel that he had fallen while getting out of his bunk ten minutes earlier at 0530 and that he had injured his right hand. There was no ladder to the upper bunk in which plaintiff slept. Thereafter, the plaintiff was relieved of all duties aboard the ship until he left the ship for medical reasons on October 16, 1969. The plaintiff received medical treatment aboard ship and from various doctors, whose services were provided to the defendant on September 29th, October 7th, October 8th and October 13th, 1969. Thereafter, the plaintiff was flown back to the United States by the defendant where he came under the care of physicians at the United States Public Health Service at Tampa, Florida, from October 22, 1969 to December 11, 1969; at which time he was declared fit for duty. Plaintiff's losses were agreed to be $1,250.00. The case was tried before a jury. The jury answered interrogatories on a special verdict form as follows: Interrogatory 1 A. Was the defendant's ship unseaworthy? ANSWER NO Interrogatory 2 A. Was the defendant negligent? ANSWER YES Interrogatory 2 B. Was the defendant's negligence a cause in whole or in part of plaintiff's injuries? ANSWER YES Interrogatory 3 A. Was the plaintiff negligent? ANSWER YES Interrogatory 3 B. Was plaintiff's negligence a cause in whole or in part of plaintiff's injuries? ANSWER YES Interrogatory 3 C. Express in percentage to what extent plaintiff's negligence was a cause of plaintiff's injuries. ANSWER 35% Interrogatory 4. Total amount of damages to which plaintiff is entitled. $8,000.00

19730214

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