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VALM v. HERCULES FISH PRODUCTS, INC.

No. 82-1440.

701 F.2d 235 (1983)

Theodore VALM, Plaintiff, Appellant, v. HERCULES FISH PRODUCTS, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 11, 1983.

Attorney(s) appearing for the Case

Paul D. McCarthy, Boston, Mass., with whom Jerome V. Flanagan and Hoch, Flanagan & Snyder, P.C., Boston, Mass., were on brief, for plaintiff, appellant.

Richard A. Dempsey, Boston, Mass., with whom Glynn & Dempsey, Boston, Mass., was on brief, for defendant-appellee.

Before COFFIN, Chief Judge, BREYER, Circuit Judge, and SMITH, Senior District Judge.

BREYER, Circuit Judge.

Plaintiff Theodore Valm, captain of defendant's ship F/V RIANDA, sued under the Jones Act, 46 U.S.C. § 688, to recover damages for personal injuries suffered on board the ship. The jury, by special verdict, found that the defendant was not negligent and that the defendant's ship was seaworthy. The plaintiff asked for a new trial on the ground that the evidence required a finding of "unseaworthiness." He

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