Walker v. Sinclair Refining Company

OPINION AND ORDER FINDINGS OF FACT AND CONCLUSIONS OF LAW

VANARTSDALEN, District Judge.

A seaman-plaintiff seeks damages for personal injuries sustained while employed by the defendant shipowner. Recovery is sought under maritime law for unseaworthiness and the Jones Act for negligence. The issue of liability was tried by the Court without a jury by agreement of counsel.

Although many of the facts are not in dispute, there is a serious dispute as to the actual happening of plaintiff’s fall giving rise to the injuries. Plaintiff’s version of the occurrence may be summarized as follows: —…