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RED STAR TOWING & TRANSP. CO. v. "MING GIANT"

Nos. 78 Civ. 2442, 78 Civ. 5448 and 78 Civ. 5537 (PNL).

552 F.Supp. 367 (1982)

RED STAR TOWING & TRANSPORTATION COMPANY, INC., Plaintiff, v. The Cargo Ship "MING GIANT", Yangming Marine Transport Corp., Defendant. In the matter of Complaint of RED STAR TOWING & TRANSPORTATION COMPANY, INC. as owner of the TUG OCEAN KING for exoneration from or Limitation of Liability. Lorraine MOWEN as Administratrix of the Estate of Dennis Mowen, Plaintiff, v. YANGMING MARINE TRANSPORT CORP., and Red Star Towing & Transportation Company, Inc., Defendants.

United States District Court, S.D. New York.

As Modified March 4, 1983.

Attorney(s) appearing for the Case

Theodore Friedman, Jethro M. Eisenstein, Friedman & Eisenstein, New York City, for Lorraine Mowen.

Fred J. Cuccia, Cuccia & Oster, New York City, for Lorraine Mowen.

James M. Leonard, Stephen J. Buckley, McHugh, Leonard & O'Connor, New York City, for Red Star Towing & Transp. Co.

Richard H. Brown, Jr., Harry A. Gotimer, Kirlin, Campbell & Keating, New York City, for Yangming Marine Transport Corp.

OPINION

LEVAL, District Judge.

Red Star Towing and Transportation Co. and Yangming Marine Transportation Corp. move for post-verdict relief from an award of damages in favor of claimant Lorraine Mowen. The jury found damages in the amount of $1,964,000 for the death of Dennis Mowen, plaintiff's decedent, assessing 35% against Red Star, 60% against Yangming, and charging 5% responsibility to Mowen for his own death. Defendants1

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