Williams v. Brasea, Inc.

¶5FAY, Circuit Judge:

¶6Roy Lewis C. Williams was working as a seaman aboard the shrimp trawler Ciapesc I when seriously injured on December 10, 1969. Suit was brought against numerous defendants upon multiple theories. The district court in a bench trial found for Williams upon several theories against three of the defendants and assessed total damages at $527,500. This was reduced by 40% contributory negligence attributed to Williams. All parties appealed and a panel of this court held two of the defendants were not liable as a matter of law.1 In attempting to resolve the disputed issues between Williams and appellee here,2 the district judge was requested to make a specific finding on whether or not a fellow crewman (Terry) was acting pursuant to Williams’ order in starting the winch. On remand the question was answered in the negative.3 Although this court clearly instructed the trial judge concerning the effect of such a finding and that under such circumstances Williams’ negligence4 was not a contributing cause of his injury,5 these directions were not followed. The trial judge again reduced Williams’ damages by 40%. We reverse.

¶7This court’s earlier opinion clearly established the law of the case. Since the trial judge found Williams gave no instructions to Terry regarding starting the winch, Williams should have been awarded his full damages. We remand for entry of a final judgment in favor of Williams against Bra-sea, Inc. in the full amount of $527,500.

¶8Reversed with directions.