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HOWELL v. MARMPEGASO COMPANIA NAVIERA, S. A.

No. 74-2639.

536 F.2d 1032 (1976)

Hassie Duran HOWELL, Plaintiff-Appellee-Cross Appellant, v. MARMPEGASO COMPANIA NAVIERA, S. A., et al., Defendants-Third Party Plaintiffs-Appellants-Cross Appellees, J. P. Florio & Co., Inc., Third Party Defendant-Appellant, Cross Appellee, American Mutual Liability Insurance Company, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 12, 1976.

Attorney(s) appearing for the Case

Stuart A. McClendon, W. Frederick Denkman, Metairie, La., for J. P. Florio, etc., and American Mutual Liability, etc.

Melvyn J. Perez, Chalmette, La., Charles J. Ferrara, Metairie, La., for plaintiff-appellee-cross appellant.

Before WISDOM, COLEMAN and GEE, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 12, 1976.

GEE, Circuit Judge:

In this Ryan triangle proceeding,1 the jury found that the M/V CAMINA BAY was unseaworthy and awarded plaintiff Howell a verdict of $150,000 unapportioned damages for medical expense, loss of wages, pain and loss of earning capacity. The jury also found the vessel owner not negligent, Howell forty percent contributorily negligent, and the master...

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