This section contains the nature of the case and procedural background.

The S.S. Atlantic Cognac is a containership owned by D. D engaged Nacirema Operating Co. to unload cargo from the vessel. P was injured and received benefits for that injury from Nacirema under the Longshoremen's and Harbor Workers' Compensation Act. P also brought a negligence action against D. A jury determined that P had suffered total damages of $ 100,000, that he was responsible for 10% of the total negligence resulting in his injury, that Nacirema's fault, through a co-employee's negligence, contributed 70%, and that D was accountable for 20%. The Court reduced the award to P by 10% but refused to reduce the award against D in proportion to the fault of Nacirema. D appealed. The Court of Appeals reversed and held that D was liable only for that share of the total damages equivalent to the ratio of its fault to the total fault. P appealed.

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