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AKERMANIS v. SEA-LAND SERVICE, INC.

Nos. 1088, 1089, Dockets 81-7833, 81-7873.

688 F.2d 898 (1982)

Carl O. AKERMANIS, Plaintiff-Appellee-Cross-Appellant, v. SEA-LAND SERVICE, INC., Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 14, 1982.

Attorney(s) appearing for the Case

Joseph T. Stearns, New York City (Sandra R. M. Gluck and Walker & Corsa, New York City, on the brief), for defendant-appellant-cross-appellee.

Steven Thaler, New York City (Markowitz & Glanstein, New York City, on the brief), for plaintiff-appellee-cross-appellant.

Before FEINBERG, Chief Judge, and NEWMAN and WINTER, Circuit Judges.

NEWMAN, Circuit Judge:

This appeal concerns primarily the issue, apparently one of first impression in the federal courts, whether a trial judge may use the device of a new trial order conditioned on a remittitur to increase a jury's determination of the percent of responsibility for an injury that is attributable to a plaintiff's contributory negligence. That device was employed in this suit under the Jones Act, 46 U.S.C. § 688 (1976), brought by plaintiff Carl...

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