Murray v. Southern Route Maritime SA

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The Ninth Circuit affirmed the district court's judgment in favor of plaintiff in an action filed under the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. 901 et seq. The panel held that the district court properly instructed the jury that the vessel owner owed a duty to plaintiff as a longshoreman to turn over the ship and its equipment in a reasonably safe condition, which necessarily required the vessel owner to take reasonable steps to inspect the ship and equipment before turnover; the district court did not abuse its discretion in allowing plaintiff's key scientific expert to describe his theory of electrical injury because the district court adequately assessed the reliability of his theory and fulfilled its gatekeeping function under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579; and there was no error in admitting the medical experts' testimony. View "Murray v. Southern Route Maritime SA" on Justia Law