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DEMPSEY v. MAC TOWING, INC.

No. 88-7355.

876 F.2d 1538 (1989)

Edward T. DEMPSEY, Plaintiff-Appellee, v. MAC TOWING, INC., Defendant-Appellant. Edward T. DEMPSEY, Plaintiff, v. LONE STAR INDUSTRIES, INC., Defendant.

United States Court of Appeals, Eleventh Circuit.

July 12, 1989.

Attorney(s) appearing for the Case

Salley & Associates, Fred E. Salley, Lee M. Peacocke, New Orleans, La., Johnstone, Adams, Bailey, Gordon & Harris, Thomas S. Rue, Mobile, Ala., for defendant-appellant.

Cunningham, Bounds, Yance, Crowder & Brown, Andrew T. Citrin, Robert T. Cunningham, Jr., Steven A. Martino, Mobile, Ala., Utsey, McPhearson & Christopher, William L. Utsey, Butler, Ala., for plaintiff-appellee.

Before JOHNSON and EDMONDSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

JOHNSON, Circuit Judge:

As the result of a jury trial, Mac Towing, Inc. ("Mac Towing") was held liable to Edward T. Dempsey in the amount of $300,000 for negligence under the Jones Act, 46 U.S.C.A.App. § 688. Mac Towing appeals the jury's verdict as contrary to the evidence presented at trial and challenges several of the district court's actions prior to and during the trial. We affirm.

I. FACTS

From 1962-1982, Dempsey worked as a deckhand...

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