LLoyd v. American Export Lines case
brief
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580 F.2d 1179, 1978 U.S. App.
CASE SYNOPSIS: Appeal from the United
States District Court for the Eastern District of Pennsylvania in
which the court held a ship did not breach its warranty of
seaworthiness, but was nevertheless negligent.
FACTS: This lawsuit resulted from an altercation between a crewmember and an electrician on their ship. Electrician filed an action against the ship and alleged negligence under the Jones Act, 46 U.S.C.S. § 688 and unseaworthiness under general maritime law. The ship joined the crewmember as a third party defendant and crewmember counterclaimed against the ship for negligence and unseaworthiness. The electrician did not proceed in his case and his complaint was dismissed. After a trial on crewmember's counterclaim, the jury found the ship had not breached its warranty of seaworthiness, but was negligent. Both parties appealed.
ANALYSIS:
On appeal, the court determined competent evidence was erroneously excluded and reversed the case. In particular, the court held Fed R. Evid. 803(22) governed the admissibility of a party's record of conviction. Here, the court erred in refusing to accept a Japanese judgment of conviction against crewmember because the evidence was a final judgment.
CONCLUSION: The court reversed and remanded the lower court's decision because it held competent evidence was erroneously excluded in the lower court.
FACTS: This lawsuit resulted from an altercation between a crewmember and an electrician on their ship. Electrician filed an action against the ship and alleged negligence under the Jones Act, 46 U.S.C.S. § 688 and unseaworthiness under general maritime law. The ship joined the crewmember as a third party defendant and crewmember counterclaimed against the ship for negligence and unseaworthiness. The electrician did not proceed in his case and his complaint was dismissed. After a trial on crewmember's counterclaim, the jury found the ship had not breached its warranty of seaworthiness, but was negligent. Both parties appealed.
ANALYSIS:
On appeal, the court determined competent evidence was erroneously excluded and reversed the case. In particular, the court held Fed R. Evid. 803(22) governed the admissibility of a party's record of conviction. Here, the court erred in refusing to accept a Japanese judgment of conviction against crewmember because the evidence was a final judgment.
CONCLUSION: The court reversed and remanded the lower court's decision because it held competent evidence was erroneously excluded in the lower court.
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