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BALLARD v. RIVER FLEETS, INC.

No. 97-3349EMCG.

149 F.3d 829 (1998)

Terry D. BALLARD, Plaintiff-Appellant, v. RIVER FLEETS, INC., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 13, 1998.

Attorney(s) appearing for the Case

Curtis L. Blood, Collinsville, IL, argued, for Plaintiff-Appellant.

John R. Halpren, St. Louis, MO, argued, for Defendant-Appellee.

Before HANSEN and MORRIS SHEPPARD ARNOLD, Circuit Judges, and PANNER, District Judge.

PANNER, District Judge

Terry D. Ballard hurt his back while working as a deckhand on a tug boat. He brought a personal injury action under the Jones Act, 46 U.S.C. app. § 688, against his employer, River Fleets, Inc. At trial, the jury found for Ballard but determined that he was 35% at fault. On appeal, Ballard contends that the District Court2 should not have allowed the jury to determine contributory negligence.

We affirm...

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