Carabellese v. Naviera Aznar, S.A.

LUMBARD, Chief Judge

(concurring) .

I concur in the opinion of the majority except for the alternative holding regarding the jury’s response to the interrogator y on topheaviness. Since the correct-' ness of the instructions disposes of the case, I would not decide whether the answers given by the jury on the particular interrogatories, which it was told to disregard if it decided that there had been' no unseaworthiness, constituted jury-findings. The jury may well have failed to focus its full attention on the determination of a fact issue which had been made irrelevant by its more general finding pursuant to the trial judge’s instructions, particularly in light of the sequential form taken by the special verdict.