Walter Filipek v. Moore-Mccormack Lines, Inc., and Third Party and Eastern Rigging Corp., Third Party

The majority opinion herewith, perhaps taking its cue from plaintiff’s brief and argument, makes this case appear quite complex. But to me it seems a simple one where the jury, after full proof and appropriate charge, has performed its historic function of rendering its verdict. If sustained on the evidence, that should stand, even though we may not like it.

The court charged the jury that it must find that defendant had notice of a defect in the boom and/or king post in order to find the defendant negligent. The jury, in answer to a special interrogatory, found that the defendant was…