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Appellate Advocacy Keyed to Meador, 2nd Ed.
Napolitano v. Compania Sud Americana de Vapores
Citation:
421 F.2d 382 (1970)Facts
Plaintiff Felice Napolitano, a longshoreman, suffered two separate injuries while working aboard vessels owned by the defendant shipping company. In the first incident in 1963, he slipped on a newspaper allegedly covering spilled oil or grease aboard the SS COPIAPO, injuring his left shoulder. The suit was filed in 1965 but not tried until 1969. In the second incident in early 1965, Napolitano fell from a Jacob’s ladder while disembarking from the SS MAIPO, allegedly due to oil or grease on one of the rungs, injuring his right shoulder. This case was also filed in 1965 and tried in 1969. In both trials, Judge MacMahon made controversial procedural rulings: refusing to recess until a defense medical witness arrived in the first case, and prohibiting testimony from witnesses not named in the defendant’s original pre-trial memorandum in the second case. The jury awarded $15,000 in the first case and $7,500 in the second.
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