Albert B. Sines, an Incompetent, by John Victor Tilly, Guardian of His Estate v. United States

Ninth Circuit

Albert B. Sines, an Incompetent, by John Victor Tilly, Guardian of His Estate v. United States

430 F.2d 644, 1970 U.S. App. LEXIS 7500, 1972 A.M.C. 2414

CourtCourt of Appeals for the Ninth Circuit

DecidedSeptember 1, 1970

Docket23800_1

StatusPublished

Cited by9 cases

This text of 430 F.2d 644 (Albert B. Sines, an Incompetent, by John Victor Tilly, Guardian of His Estate v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Albert B. Sines, an Incompetent, by John Victor Tilly, Guardian of His Estate v. United States, 430 F.2d 644, 1970 U.S. App. LEXIS 7500, 1972 A.M.C. 2414 (9th Cir. 1970).

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Opinion

PER CURIAM:

This is an appeal from a judgment in a suit in admiralty brought against the government by appellant, a merchant seaman injured while employed on a government vessel.

The district court found that the government’s negligence was a proximate cause of appellant’s injury, and that appellant suffered damages in the sum of $74,264. The court further found that appellant’s contributory negligence was a proximate cause of his injury and reduced the award by fifty per-cent. Judgment was entered in favor of appellant in the sum of $37,132.

Appellant now alleges that the court erred in finding that he was negligent. This is a factual finding which may be disturbed on appeal only if clear *645 ly erroneous. Rule 52(a), Fed.R.Civ.P.; Rederi A/B Soya v. SS Grand Grace, 369 F.2d 159, 162-163 (9th Cir. 1966). We hold that the trial court’s finding on the record including the depositions was not clearly erroneous.

The court’s finding that appellant had a reduced work life expectancy was likewise supported by substantial evidence and was not clearly erroneous. Nor did the court err in failing to prepare special findings on damages. The court substantially adopted the proposed findings of fact submitted to it by appellant. Appellant made no motion for a more detailed computation of damages. Although the findings on damages were somewhat vague, there is no doubt as to the propriety of the total amount awarded. See Dwyer v. Socony-Vacuum Oil Co., 276 F.2d 653, 654 (2d Cir. 1960).

The judgment is affirmed.

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PER CURIAM:

This is an appeal from a judgment in a suit in admiralty brought against the government by appellant, a merchant seaman injured while employed on a government vessel.

The district court found that the government’s negligence was a proximate cause of appellant’s injury, and that appellant suffered damages in the sum of $74,264. The court further found that appellant’s contributory negligence was a proximate cause of his injury and reduced the award by fifty per-cent. Judgment was entered in favor of appellant in the sum of $37,132.

Appellant now alleges that the court erred in finding that he was negligent. This is a factual finding which may be disturbed on appeal only if clear *645 ly erroneous. Rule 52(a), Fed.R.Civ.P.; Rederi A/B Soya v. SS Grand Grace, 369 F.2d 159, 162-163 (9th Cir. 1966). We hold that the trial court’s finding on the record including the depositions was not clearly erroneous.

The court’s finding that appellant had a reduced work life expectancy was likewise supported by substantial evidence and was not clearly erroneous. Nor did the court err in failing to prepare special findings on damages. The court substantially adopted the proposed findings of fact submitted to it by appellant. Appellant made no motion for a more detailed computation of damages. Although the findings on damages were somewhat vague, there is no doubt as to the propriety of the total amount awarded. See Dwyer v. Socony-Vacuum Oil Co., 276 F.2d 653, 654 (2d Cir. 1960).

The judgment is affirmed.

Lori Oberson, Legal Guardian for Brian Musselman, an Incapacitated Person Kimberlee Musselman, Individually and as the Natural Mother of Devon Musselman, a Minor, Plaintiffs-Appellees-Cross-Appellants v. United States Department of Agriculture, Forest Service, Defendant-Third-Party Plaintiff-Appellant-Cross-Appellee, and State of Montana, by and Through the Department of Fish, Wildlife and Parks West Yellowstone Chamber of Commerce, Defendants-Third-Party v. Jamie Louis Leinberger Patrick B. Kalahar Tim A. Johnson, Third-Party

441 F.3d 703 (Third Circuit, 2006)

Landry De Orzan, Plaintiff-Appellant-Cross-Appellee v. United States of America, Defendant-Appellee-Cross-Appellant

145 F.3d 1337 (Ninth Circuit, 1998)

Theodore D. Sauers, Through His Guardian, Irene G. Ellis v. Alaska Barge and Transport, Inc., an Alaska Corp., and the United States of America

600 F.2d 238 (Ninth Circuit, 1979)

Famous Knitwear Corporation v. Drug Fair, Inc., Famous Knitwear Corporation v. Drug Fair, Inc.

493 F.2d 251 (Fourth Circuit, 1974)

Honea v. Matson Navigation Company

336 F. Supp. 793 (N.D. California, 1972)

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430 F.2d 644, 1970 U.S. App. LEXIS 7500, 1972 A.M.C. 2414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/albert-b-sines-an-incompetent-by-john-victor-tilly-guardian-of-his-ca9-1970.

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