Civil Procedure Keyed to Cound
Payne v. S.S. Nabob
In a personal admiralty action, the Appellant brought a personal injury admiralty action and filed a pretrial memorandum that stated he was relying upon the condition of a winch to prove his cause of action. The judge noted that in his pretrial report. When the case went to trial, the Appellant’s attorney, in his opening statement added that the loading had been handled improperly as an important element of his proof of unseaworthiness. The impleaded stevedore employer objected as it was outside the scope of the pretrial memo and report and the trial court sustained the objection. Two witnesses on behalf of the Appellant, not witnesses on the pretrial memo, were not allowed to testify. Appellant’s attorney moved for continuance and was denied.
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