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VAN NIJENHOFF v. BANTRY TRANSP. CO.

No. 384, Docket 85-7113.

791 F.2d 26 (1986)

Albertine Madge Van Amersfoorth VAN NIJENHOFF, on her own behalf, as executrix and on behalf of the Estate of Johannes Christiaan van Amersfoorth and as mother/guardian of Marjori Renate van Amersfoorth, Stella Patricia van Amersfoorth, Claudia Jean van Amersfoorth, Kenneth Martin van Amersfoorth, Alexander Jimmy-John van Amersfoorth and David Wayne van Amersfoorth and as an attorney-in-fact and representative of Richard Melvin van Amersfoorth, Plaintiff-Appellant, v. BANTRY TRANSPORTATION CO., Universe Tankships (Delaware) Ltd., National Bulk Carriers, Inc., and Bantry Tanker Agency, Ltd., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 21, 1986.

Attorney(s) appearing for the Case

Sandra R.M. Gluck, New York City (Joseph T. Stearns, Walker & Corsa, New York City, of counsel), for plaintiff-appellant.

Thomas H. Healey, New York City (Healey & McCaffrey, New York City), for defendants-appellees.

Before FRIENDLY, MANSFIELD and WINTER, Circuit Judges.

WINTER, Circuit Judge:

This appeal, brought on behalf of the widow and seven children of Captain Johannes Christiaan van Amersfoorth, the late master of the Universe Kuwait, raises questions concerning the propriety of the jury's $116,810 verdict for the plaintiff. We affirm with regard to the application of principles of comparative fault but reverse as to the proper discount rate.

At approximately 10:45 A.M. on November 25, 1977, the captain fell more than...

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