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SMITH v. MARILYN M. FISHING, INC.

Docket No. D000499.

173 Cal.App.3d 453 (1985)

219 Cal. Rptr. 57

HERSCHEL WAYNE SMITH, Plaintiff and Appellant, v. MARILYN M. FISHING, INC., Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

October 18, 1985.

Attorney(s) appearing for the Case

COUNSEL

Margolis, McTernan, Scope & Epstein, Barbara E. Hadsell and Sol Scope for Plaintiff and Appellant.

Robert G. Dyer and Dyer, Brewer & Walton for Defendant and Respondent.

OPINION

KREMER, P.J.

Plaintiff Herschel Smith appeals a judgment on special verdict favoring defendant Marilyn M. Fishing, Inc., on his complaint for damages for personal injuries.

I

Smith was a crewman on defendant's tuna fishing vessel. Smith claimed he injured his back while lifting porpoises from the vessel's hopper, dragging the porpoises to a discharge hole on the vessel's side and dumping them overboard.<...

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