Appellate Division of the Supreme Court of the State of New York April 9, 1987 (Fijal v. American Export Isbrandtsen Lines, Inc.)

OPINION OF THE COURT

Kassal, J.

The issue we address is whether, under the facts of this case, the pleaded defense of contributory negligence under the Jones Act is actually the defense of assumption of risk.

Plaintiff was a seaman aboard defendant’s cargo vessel, the SS Export Builder, which, on March 24, 1971, was traveling in Tokyo Bay, on its way from Kobe to Yokohama.