United States First Circuit

A jury instruction in a Jones Act case that "failing to observe an obvious condition" will not make a vessel unseaworthy is not an assumption of risk instruction, but merely indicates that a vessel owner need not anticipate that a crewman will behave negligently.

Appellate Information

• Decided 10/29/2001
• Published 10/29/2001

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, LYNCH, Circuit Judge, and DiCLERICO, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Carolyn M. Latti with whom Latti & Anderson LLP was on brief for appellant.


• For Appellees:
  
• William H. Welte with whom Welte & Welte, P.A. was on brief for appellee.