Prather v. New York Scow Corp.

Second Circuit

Prather v. New York Scow Corp.

425 F.2d 1093

Court of Appeals for the Second Circuit·Decided May 8, 1970·No. No. 765, Docket 34524·Published·Cited by 1 cases

Opinion

PER CURIAM:

We affirm the judgment of the district court on a jury verdict awarding $40,-000 damages to the plaintiff, a deckhand on the tug Crow, in his action against his employer pursuant to the Jones Act and the General Maritime Law. While the award for pain and suffering, loss of wages, and partial loss of the use of the left hand due to the fracture of the thumb at the base of the hand is generous, we cannot say that the award was so excessive that it was an abuse of discretion for the trial judge to deny the defendant’s motion for a new trial or a remittitur.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

We affirm the judgment of the district court on a jury verdict awarding $40,-000 damages to the plaintiff, a deckhand on the tug Crow, in his action against his employer pursuant to the Jones Act and the General Maritime Law. While the award for pain and suffering, loss of wages, and partial loss of the use of the left hand due to the fracture of the thumb at the base of the hand is generous, we cannot say that the award was so excessive that it was an abuse of discretion for the trial judge to deny the defendant’s motion for a new trial or a remittitur.

Affirmed.

Prather v. New York Scow Corp., 425 F.2d 1093 (2d Cir. 1970).

Pincite

425 F.2d 1093 (Prather v. New York Scow Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related