Joseph S. Harris v. H. Schuldt Reederei, 596 F.2d 92 (4th Cir. 1979). · Go Syfert
Joseph S. Harris v. H. Schuldt Reederei, 596 F.2d 92 (4th Cir. 1979). Cases Citing This Book View Copy Cite
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Joseph S. HARRIS, Appellant,
v.
H. Schuldt REEDEREI, Appellee
20-2279.
Court of Appeals for the Fourth Circuit.
Mar 8, 1979.
596 F.2d 92
C. Arthur Rutter, Jr., Norfolk, Va. (John H. Klein, Breit, Rutter & Montagna, Norfolk, Va., on brief), for appellant., Michael F. Leban and Charles R. Dalton, Jr., Norfolk, Va. (Seawell, McCoy, Dalton, Hughes, Gore & Timms, Norfolk, Va., on brief), for appellee.
Winter, Russell, Widener.
Cited by 1 opinion  |  Published
PER CURIAM:

In appealing from a judgment in favor of the shipowner in his action to recover for injuries allegedly sustained by him while working as a longshoreman by reason of the defendant shipowner’s negligence, the plaintiff longshoreman assigns error in the failure of the district court, in its instructions to the jury, to submit his proposed instruction on the shipowner’s duty to a longshoreman working on the latter’s vessel. Since the requested instruction was concededly contrary to the rule as[*93] declared in Chavis v. Finnlines, Ltd., O/Y (4th Cir. 1978) 576 F.2d 1072, and Riddle v. Exxon Transp. Co. (4th Cir. 1977) 563 F.2d 1103, the district court did not err in refusing the instruction.

The plaintiff has also challenged the district court’s refusal to include in its jury-charge a statement of the sums received by him for medical benefits and indemnity compensation benefits under the terms of the Longshoremen’s and Harbor Workers’ Compensation Act. In the context of a suit in which the longshoreman is the sole plaintiff, it was not error to refuse to so charge the jury. Cf., Riddle v. Exxon Transp. Co., supra.

The judgment of the district court is accordingly

AFFIRMED.