McKeown v. Woods Hole
| Decision Date | 03 June 1998 |
| Docket Number | No. Civ.A. 96-10989-MLW.,Civ.A. 96-10989-MLW. |
| Citation | 9 F.Supp.2d 32 |
| Parties | John W. McKEOWN, Plaintiff, v. WOODS HOLE, Martha's Vineyard and Nantucket Steamship Authority, Defendant. |
| Court | U.S. District Court — District of Massachusetts |
David F. Anderson, Latti Associates, Boston, MA, for John W. McKeown, plaintiff.
Thomas E. Clinton, Craig R. Nickerson, Clinton & Muzyka, Boston, MA, for Woods Hole, Martha's Vineyard and Nantucket Steamship Authority, defendant.
On April 2, 1998, this court entered a final judgment in the above styled maritime action. Thereafter, plaintiff John W. McKeown ("McKeown") and defendant Woods Hole, Martha's Vineyard and Nantucket Steamship Authority ("Woods Hole") filed timely, renewed motions for judgment as a matter of law under Rule 50(b) ("Rule 50(b)"), Fed R.Civ.P. (Docket Entryè64 & 66). In addition, McKeown filed a motion for judgment as a matter of law under Rule 50(b) as well as, in the alternative, for a new trial under Rule 59(a) ("Rule 59"), Fed.R.Civ.P., on the issues of unseaworthiness and contributory negligence. (Docket Entry # 68).
This case arises out of an injury suffered by McKeown on April 18, 1996. At the time, McKeown was employed by Woods Hole as a seaman and member of the crew aboard the M/V Martha's Vineyard, a vessel owned and operated by Woods Hole and in navigable waters at the time of the injury. (Docket Entry ## 1 & 5, ¶¶ 3-8; Docket Entry # 17, ¶ 2). On April 18, 1996, while in the course of his employment as a seaman aboard the M/V Martha's Vineyard, McKeown suffered personal injuries. (Docket Entry ## 1 & 5, ¶¶ 9).
McKeown's three count complaint alleges Jones Act negligence (Count I), unseaworthiness of the vessel (Count II) and maintenance and cure (Count III). McKeown chose not to pursue the maintenance and cure count at trial. Accordingly, this case was tried to the jury under counts I and II for Jones Act negligence and unseaworthiness.
After a seven day trial, the jury rendered a verdict in favor of McKeown on Count I under the Jones Act and in favor of Woods Hole on Count II under the doctrine of unseaworthiness. The jury also found that McKeown's negligence contributed to causing his injuries in the proportion of 20%. The jury assessed the following damages: $40,000 for past lost income, $100,000 for past pain and suffering, $60,000 for future lost earning capacity and $100,000 for future pain and suffering.
In seeking judgment as a matter of law, Woods Hole objects to the $100,000 award for future pain and suffering damages on the basis that McKeown failed to offer any expert testimony that he will experience pain and suffering in the future as a result of the negligence of Woods Hole. Woods Hole also points to McKeown's failure to offer the jury any evidence of his life expectancy. (Docket Entry ## 64 & 65).
McKeown contends that Woods Hole failed to offer sufficient evidence to support the jury's finding of contributory negligence. (Docket Entryè66 & 67). In addition, McKeown seeks a new trial or judgment as a matter of law on the issue of contributory negligence and unseaworthiness due to two allegedly prejudicial errors in the admission and the exclusion of evidence. (Docket Entry ## 68 & 69).
This court initially turns to McKeown's motions and thereafter addresses Woods Hole's motion.
McKeown moves for judgment as a matter of law on the issue of contributory negligence under Rule 50(b). McKeown requests that this court set aside the jury finding of contributory negligence due to insufficient evidence that he was negligent and that such negligence contributed to his injuries. On March 31, 1998, after considering the evidence, this court denied McKeown's initial Rule 50(a) motion for judgment as a matter of law on the issue of contributory negligence. After further consideration, this court affirms its initial decision.
"A jury verdict may not be set aside as a matter of law under Fed.R.Civ.P. 50(b) except on a `determination that the evidence could lead a reasonable person to only one conclusion.'" Acevedo-Diaz v. Aponte, 1 F.3d 62, 66 (1st Cir.1993) (quoting Hiraldo-Cancel v. Aponte, 925 F.2d 10, 12 n. 2 (1st Cir.), cert. denied, 502 U.S. 1004, 112 S.Ct. 637, 116 L.Ed.2d 655 (1991), emphasis in original). In other words, McKeown is entitled to judgment as a matter of law only if a reasonable jury could not have reached the finding of contributory negligence. See Star Financial Services, Inc. v. Aastar Mortgage Corporation, 89 F.3d 5, 8 (1st Cir.1996); accord Andrade v. Jamestown Housing Authority, 82 F.3d 1179, 1186 (1st Cir.1996) (). Insufficient evidence provides a proper basis to enter judgment as a matter of law. See United States v. Articles of Drug: 5,906 Boxes, 745 F.2d 105, 113 (1st Cir.1984). Evidence and inferences reasonably extracted therefrom are viewed in the light most favorable to Woods Hole, the nonmovant. Golden Rule Insurance Company v. Atallah, 45 F.3d 512, 516 (1st Cir.1995); Sanchez v. Puerto Rico Oil Company, 37 F.3d 712, 716 (1st Cir.1994). Furthermore, it is improper to resolve conflicts in the testimony or to evaluate the credibility of the witnesses when ruling on a Rule 50(b) motion. Star Financial Services, Inc. v. Aastar Mortgage Corporation, 89 F.3d at 8.
Viewed under this restrictive standard, it is apparent that more than enough evidence existed for the jury to find that McKeown's actions contributed to causing the injuries he experienced when he fell from the ladder while greasing the bearings of the cargo doors on the vessel on April 18, 1996.1 Prior to April 1996, McKeown testified that he had used an extension ladder two or three times to change light bulbs "or something" while the vessel was at the pier. On the day of the accident, McKeown testified that he enlisted the assistance of another crewmember, Martin Manley ("Manley"), the wiper, to perform the task of greasing the cargo doors. McKeown also stated that he had more experience than Manley and was in charge of the job. Prior to the day of the accident, McKeown had worked with Manley on only one occasion for a couple of days.
McKeown testified that he and Manley retrieved the extension ladder from the bulkhead of the vessels' freight deck. McKeown testified that he was aware of the proper way to hold an extension ladder while another man is working on the ladder. On cross examination, McKeown again explained a proper way to spot or hold the ladder. Nevertheless, McKeown testified that he did not instruct Manley how to secure the ladder nor did he ask Manley if he knew anything about ladders. In fact, McKeown testified that, prior to ascending the ladder, he did not have any discussion with Manley to insure that Manley knew what he was doing.
After greasing one set of doors, McKeown and Manley proceeded to grease the next set of doors. Believing it was safe to climb the ladder, McKeown made his ascent with a grease gun and rag and proceeded to grease the bearings. Manley testified that when McKeown began to make his descent that he said to McKeown, "All set John." Manley then bent over to pick up a rag. It is significant that when he looked up, however, McKeown was going up the ladder to the next rung. At that point, the bottom of the ladder "kicked out" and McKeown fell down, according to Manley. Irrespective of his decision to perform the task at sea, McKeown's conduct in the course of performing the task is sufficient for a reasonable jury to find against him on the contributory negligence claim. McKeown's motion (Docket Entry # 66) is therefore without merit.
McKeown moves for judgment as a matter of law under Rule 50 and for a new trial under Rule 59(a) with respect to the issues of contributory negligence and unseaworthiness. As noted above, the jury found in favor of Woods Hole on the unseaworthiness issue and further determined that McKeown's negligence was 20%.
Although a different standard applies to assess a Rule 50 versus a Rule 59 motion, McKeown's twofold argument to support the combined motion is the same. First, he claims that this court improperly excluded evidence of the use of a mechanical device to grease the cargo doors referred to as a genie boom or truck. Second, he argues that this court improperly admitted evidence in the form of oral testimony of the content of a document thereby violating Rule 1002, F.R.E, the codification of the best evidence rule.
As previously explained, under Rule 50 this court cannot override the jury's verdict on the issues of contributory negligence and/or unseaworthiness unless the evidence and reasonable inferences therefrom are "`so one-sided that the movant is plainly entitled to judgment, for reasonable minds could not differ as to the outcome.'" Colasanto v. Life Insurance Company of North America, 100 F.3d 203, 208 (1st Cir.1996) (citation omitted); accord Transamerica Premier Insurance Company v. Ober, 107 F.3d 925, 929 (1st Cir.1997).
In general, to reverse the jury's verdict and order a new trial on the issues of contributory negligence and/or unseaworthiness Rule 59(a) requires a finding that "the verdict is so...
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