LEVIN H. CAMPBELL, Senior Circuit Judge.
On February 6, 1989, Eric Clausen ("Clausen"), plaintiff-appellee, slipped, fell, and injured his back while working as a pile driver at a job site at a fuel terminal facility on the Piscataqua River, Portsmouth Harbor, Newington, New Hampshire. A Massachusetts resident, Clausen sued for negligence, under the diversity jurisdiction, in the United States District Court for the District of New
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