Legal Opinion
Fijal v. American Export Isbrandtsen Lines, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 9, 1987PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Kassal, J.
The issue we address is whether, under the facts of this case, the pleaded defense of contributory negligence under the Jones Act is actually the defense of assumption of risk.
Plaintiff was a seaman aboard defendant’s cargo vessel, the SS Export Builder, which, on March 24, 1971, was traveling in Tokyo Bay, on its way from Kobe to Yokohama. While on watch, plaintiff was ordered by Bosun Wood to climb the king post, a vertical steel post affixed to and extending 60 to 70 feet above the deck, in order to secure the ship’s cargo boom to the king post. At his…
2Cases cited8 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Tiller v. Atlantic Coast Line RailroadSupreme Court of the United States · 1943
- S. J. Capelin Associates, Inc. v. Globe Manufacturing Corp.New York Court of Appeals · 1974
- Mallad Construction Corp. v. County Federal Savings & Loan Ass'nNew York Court of Appeals · 1973
- Alvord & Swift v. Stewart M. Muller Construction Co.New York Court of Appeals · 1978
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3Cited by3 opinions
- Scoran v. Overseas Shipholding Group, Inc.District Court, S.D. New York · 2010
- Tran v. Avis Rent A Car, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Mazzella v. Metro-North Commuter RailroadAppellate Division of the Supreme Court of the State of New York · 1995