Kowalski v. American Steamship Co.

ORDER GRANTING DEFENDANT’S MOTION FOR RULE 50 JUDGMENT

CLELAND, District Judge.

I. Introduction

Plaintiffs complaint, filed in September 1991, sought damages under the Jones Act, 46 U.S.C.App. § 688 et seq., and general admiralty and maritime law, for injuries he allegedly sustained while he was a crew member aboard the M/V Sam Laud. Specifically, Plaintiff alleged,

On or about December 11, 1989, Plaintiff was in the process of carrying on peaceful activities aboard the vessel as a crewmember when he was accosted and assaulted by one of Defendant’s crewmembers by the name of Howard Herold, a man…