[Download] "Polk v. Valdoro Cia Naviera" by United States Court Of Appeals For The Sixth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Polk v. Valdoro Cia Naviera
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 30, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Before: ENGEL and MERRITT, Circuit Judges; HOGAN, Senior District Judge* Order Plaintiff, James Polk, appeals a judgment entered on a directed verdict against him in a suit brought pursuant to the Longshoremen's and Harborworkers' Compensation Act, 33 U.S.C. § 901 et seq., against a shipowner, Valdoro Cia Naviera S.A. He makes one claim of evidentiary error and argues that there was sufficient evidence to reach the jury. We affirm. Polk was injured while operating a fork-lift tractor in the hold of the ship in the port of Detroit. On the morning of the accident he was unloading metal coils stacked on dunnage, a bedding of wood. He left the hold for lunch, and when he returned it appeared that the dunnage had been removed. He testified that he had seen the ship's crew removing it. He started work but was struck by a load of dunnage falling on him. He was knocked unconscious, and he has lost the sight of one eye. The district court directed a verdict against him because it concluded that there was no credible evidence that the shipowner had failed to exercise reasonable care to protect longshoremen from danger. It found that the stevedore bore the duty of collecting dunnage and of conducting loading operations safely (App. 136).