Court Tried Limitation Action After Jury Verdict On Liability And Damages
DAMON L. RENFROW, Plaintiff, v. SILVER SPRAY SEAFOODS,L.L.C., Defendant.
Civil No. 03-6039-TC
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
2004 U.S. Dist. LEXIS 11947
June 17, 2004, Decided
June 17, 2004, Filed
OVERVIEW: Defendant, in a motion for summary judgment, asserted the affirmative defense of limitation of liability pursuant to the Limitation of Liability Act. The court found that the defense was timely raised, but ruled that the defense would be considered, if necessary, after the jury had considered the merits of plaintiff's claims and determined damages. Order of October 15, 2003 (# 22). The jury having reached a verdict for plaintiff, and having awarded damages in excess of the value of the vessel on which he served and its cargo at the time of his injury, n1 it is now the court's obligation to consider whether the limitation of liability defense should be applied.
