Szopko v. Kinsman Marine Transit Co.

Plaintiff brought an action against the defendant under general admiralty and maritime law, alleging the unseaworthiness of a vessel. A jury found for plaintiff in the sum of $180,000. However, they also found that the percentage of fault and comparative negligence chargeable to plaintiff was 95%. Plaintiff appeals from a judgment awarding him $9,000.

The sole issue raised on appeal is whether a new trial should be granted upon the disclosure by the trial judge that he conversed with a juror without the presence of counsel for either party.

It appears that the trial judge did engage in an…