Miceli v. Interressantskapet Sea Transport

OPINION

IRVING BEN COOPER, District Judge.

Plaintiff moves for an order granting him judgment notwithstanding the verdict, or alternatively, a new trial pursuant to Rules 50(b) and 59, Federal Rules of Civil Procedure.

Plaintiff brought this diversity action against defendant 1ST to recover damages for personal injuries allegedly sustained aboard defendant’s vessel, the M/S CONCORDIA FANA. Defendant 1ST impleaded third-party defendant Universal Terminal & Stevedoring Corp. Initially, plaintiff based his claim for damages upon two theories, defendant’s negligence and the ship’s unseaworthiness.…