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EDMONDS v. COMPAGNIE GENERALE TRANSATLANTIQUE

Nos. 76-1545 - 76-1547.

577 F.2d 1153 (1978)

Stanley EDMONDS, Appellee, v. COMPAGNIE GENERALE TRANSATLANTIQUE, Appellant (three cases). Stanley EDMONDS, Appellant, v. COMPAGNIE GENERALE TRANSATLANTIQUE, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 22, 1978.

Attorney(s) appearing for the Case

Charles F. Tucker, Norfolk, Va. (John B. King, Jr., Vandeventer, Black, Meredith & Martin, Norfolk, Va., on brief), for appellant in 76-1545, for appellee in 76-1546, and for appellant in 76-1547.

Ralph Rabinowitz, for amicus.

C. Arthur Rutter, Jr., Norfolk, Va. (John H. Klein, Breit, Rutter & Montagna, Norfolk, Va., on brief), for appellant in 76-1546, for appellee in 76-1545 and 76-1547.

Randall C. Coleman, Baltimore, Md. (Warren B. Daly, Jr., Ober, Grimes & Shriver, Baltimore, Md., on brief), for amici curiae.

Before HAYNSWORTH, Chief Judge, and WINTER, BUTZNER, RUSSELL, WIDENER, and HALL, JJ., sitting

HAYNSWORTH, Chief Judge:

We have for decision the question of pro ration of damages payable by a shipowner to an injured longshoreman when the injury was occasioned by the combined negligence of the shipowner, the stevedore and the injured longshoreman. Our conclusion is that the ship may be required to pay that proportion of the total damages which matches its proportion of fault. We do not now decide what interest the stevedore has in the longshoreman's recovery...

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