Alexander Butwinski v. Pennsylvania Railroad Company

The jury awarded plaintiff $75,000 for injuries he sustained in a collision while serving as a floatman aboard defendant’s tug. Defendant seeks a new trial on the following grounds: (1) Medical expenses included in the verdict were not recoverable in an action brought under the Jones Act, 46 U.S.C. § 688; (2) the court improperly confused unseaworthiness and negligence in its charge; (3) the court abused its discretion in permitting plaintiff’s doctor to be recalled as a witness; (4) there was insufficient probative evidence upon which to calculate loss of future earnings; and (5) the verdict…