WATSON v. PUGET SOUND TUG & BARGE CO.

A8509-05722; CA A44520.

771 P.2d 307 (1989)

96 Or.App. 79

Richard H. WATSON, by and through Lyle A. Watson, Personal Representative of the Estate of Richard H. Watson, Deceased, Respondent, v. PUGET SOUND TUG & BARGE COMPANY, a Washington Corporation, Doing Business As Columbia Marine Lines; and Columbia Marine Lines, Inc., a Delaware Corporation, Appellants.

Court of Appeals of Oregon.

Decided April 5, 1989.


Attorney(s) appearing for the Case

John R. Faust, Jr., Portland, argued the cause for appellants. With him on the briefs was Schwabe, Williamson & Wyatt, Portland.

Raymond J. Conboy, Portland, argued the cause for respondent. With him on the brief were Frank Pozzi and Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland.

Before RICHARDSON, P.J., and NEWMAN and RIGGS, JJ.


NEWMAN, Judge.

Plaintiff1 sued to recover for an occupational disease that he alleged that he had acquired during his work for defendants as a deckhand on tugboats and barges. The court submitted two bases of liability to the jury: negligence under the Jones Act, 46 U.S.C.App. § 688, and unseaworthiness under general maritime law. Defendants asserted the affirmative defense of contributory negligence. The jury found that defendants...

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