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PASTORE v. TAIYO GYOGYO, K.K.

No. 77-1554.

571 F.2d 777 (1978)

James F. PASTORE v. TAIYO GYOGYO, K.K., Appellant, v. LAVINO SHIPPING CO. and City of Philadelphia.

United States Court of Appeals, Third Circuit.

Decided February 15, 1978.

Attorney(s) appearing for the Case

Robert B. White, Jr., Rawle & Henderson, Philadelphia, Pa., for appellant Taiyo Gyogyo, K.K.

Carl M. Mazzocone, Philadelphia, Pa., for appellee James F. Pastore.

Agostino Cammisa, Asst. City Sol., James M. Penny, Jr., Deputy City Sol., Sheldon L. Albert, City Sol., Philadelphia, Pa., for appellee City of Philadelphia.

Mark D. Alspach, Krusen, Evans & Byrne, Philadelphia, Pa., for appellee Lavino Shipping Co.

Before ADAMS, BIGGS and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

A discarded cigarette butt, a pile of frozen lamb, and a slipping ladder, are the unlikely ingredients of this maritime personal injury case. We conclude that they are sufficiently connected by the circumstances to justify a jury's finding legal causation between a smoldering fire and the plaintiff's fall from a ladder. Accordingly, we affirm a judgment in favor of the plaintiff against a shipowner, and vacate a...

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