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MATTIVI v. SOUTH AFRICAN MARINE CORP., "HUGUENOT"

No. 73, Docket 79-7073.

618 F.2d 163 (1980)

Attilio MATTIVI, Plaintiff-Appellant and Cross-Appellee, v. SOUTH AFRICAN MARINE CORP., "HUGUENOT", Defendant-Appellee and Third-Party Plaintiff, v. INTERNATIONAL TERMINAL OPERATING CO., INC., Texaco, Inc., New Jersey Export Marine Carpenters Inc., Colgate Palmolive Company and Manhattan Oil Transport Corp., Third-Party Defendants.

United States Court of Appeals, Second Circuit.

Decided February 20, 1980.

Attorney(s) appearing for the Case

William F. Cioffi, Brooklyn, N. Y. (Irving B. Bushlow, Theodore W. Bushlow, Brooklyn, N. Y., of counsel) for plaintiff-appellant and cross-appellee.

Ralph P. Cosentino, New York City (Healey & McCaffrey, Thomas H. Healey, New York City, of counsel) for defendant-appellee and third-party plaintiff.

Before MOORE, TIMBERS and VAN GRAAFEILAND, Circuit Judges.

MOORE, Circuit Judge:

In this personal injury suit brought under the Longshoremen's and Harbor Workers' Compensation Act (LHWCA), plaintiff Attilio Mattivi (Mattivi) appeals from a judgment notwithstanding the verdict granted by the United States District Court for the Eastern District of New York, Honorable Eugene H. Nickerson, Judge, in favor of defendant South African Marine Corporation (South African).

The facts are comparatively simple. In June, 1973...

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