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FUSZEK v. ROYAL KING FISHERIES, INC.

Nos. 95-35197, 95-35840 and 95-35874.

98 F.3d 514 (1996)

Vilmos FUSZEK, Plaintiff-Appellant, v. ROYAL KING FISHERIES, INC., a Washington corporation; Ft Royal King, # 592205; and Royal Seafoods, Inc., a Washington corporation, Defendants-Appellees. Vilmos FUSZEK, Plaintiff-Appellee, v. ROYAL KING FISHERIES, INC., a Washington corporation; Royal Seafoods Inc., a Washington corporation, Defendants-Appellants, and Ft Royal King, # 592205, Defendant. Vilmos FUSZEK, Plaintiff-Appellant, v. ROYAL KING FISHERIES, INC., a Washington corporation; Royal Seafoods Inc., a Washington corporation, Defendants-Appellees, and Ft Royal King, # 592205, Defendant.

United States Court of Appeals, Ninth Circuit.

Decided October 23, 1996.

Attorney(s) appearing for the Case

Howard M. Goodfriend, Edwards, Sieh, Hathaway, Smith & Goodfriend, Seattle, WA; David Merritt Beninger, Luvera, Barnett, Brindley, Beninger & Cunningham, Seattle, WA, for plaintiff-appellant-cross-appellee.

Robert N. Windes, LeGros, Buchanan & Paul, Seattle, WA, for defendants-appellees-cross-appellants.

Before: LAY, FERGUSON, and LEAVY, Circuit Judges.

LEAVY, Circuit Judge:

In these consolidated appeals we are called upon to determine whether section 3 of the Federal Employers Liability Act ("FELA"), 45 U.S.C. § 53, overrides the longstanding maritime doctrine of comparative fault in a situation in which a ship's violation of a safety regulation contributed to a seaman's injuries. Under the facts of this case, we hold that FELA precludes the reduction of damages on the ground of comparative fault.

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