FIJAL v. AM. EXP. LINES


127 A.D.2d 167 (1987)

Adolph Fijal, Respondent, v. American Export Isbrandtsen Lines, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 9, 1987


Attorney(s) appearing for the Case

Kenneth Heller for respondent.

Stephen K. Carr of counsel (Geoffrey D. Ferrer with him on the brief; Haight, Gardner, Poor & Havens, attorneys), for appellant.

SANDLER, J. P., MILONAS, ROSENBERGER and WALLACH, JJ., concur.


KASSAL, J.

The issue we address is whether, under the facts of this case, the pleaded defense of contributory negligence under the Jones Act is actually the defense of assumption of risk.

Plaintiff was a seaman aboard defendant's cargo vessel, the SS Export Builder, which, on March 24, 1971, was traveling in Tokyo Bay, on its way from Kobe to Yokohama. While on watch, plaintiff was ordered by...

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