United States First Circuit

In plaintiff's suit against a vessel owner for suffering serious injuries while working as a commercial fisherman, claiming Jones Act negligence, ship unworthiness, and a right to maintenance and cure, jury verdict in favor of plaintiff and a judgment against defendant for $2,307,690, is affirmed where: 1) district judge did not abuse his broad discretion in admitting plaintiff's exhibit of a staged photo; 2) district judge did not err in admitting the expert testimony; 3) although the district judge erred in permitting plaintiff's counsel to suggest a specific damages amount in its closing statement, defendant cannot demonstrate that it was plain error; and 3) no remittitur is necessary as, taking everything into account, it cannot be said that the jury's award is unconnected to the evidence, conscience-shocking, or so lavish that it would offend common notions of justice if it stands.

Appellate Information

• Decided 10/08/2010
• Published 10/08/2010

Judges

• THOMPSON

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Joseph A. Regan, Joseph S. Stacey