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BURDEN v. EVANSVILLE MATERIALS, INC.

Nos. 86-5327, 86-5388.

840 F.2d 343 (1988)

Richard D. and Mabel C. BURDEN, Plaintiffs-Appellants, Cross-Appellees, v. EVANSVILLE MATERIALS, INC., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 25, 1988.

Attorney(s) appearing for the Case

Hugh D. Moore (argued), Moore, Moore and Malone, Owensboro, Ky., for plaintiffs-appellants, cross-appellees.

John L. Tate (argued), Stites and Harbison, Louisville, Ky., for defendant-appellee, cross-appellant.

Before KENNEDY and NELSON, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

DAVID A. NELSON, Circuit Judge.

Richard D. Burden, a deckhand on an Ohio River tugboat, hurt his back while moving coils of wire cable from the tug to an adjacent barge. Mr. Burden and his wife sued the tugboat owner for damages under the Jones Act, 46 U.S.C. § 688, and general maritime law.

The district court, sitting without a jury, determined that Mr. Burden's injury was a proximate result of unseaworthiness and of negligence on the part of the defendant...

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