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

The longshoremen crew of which P was a member reported to work at 8:00 a.m. to finish unloading No. 4 hatch on the S.S. SANTA CLARA, which they had begun unloading the day before. To descend into the hatch using the ladder in question, a person had to swing one foot over the coaming and feel for the top rung, while holding on to the deck lashing with one hand and the hatch coaming with the other. The other foot would then be swung over the coaming and placed on the ladder. Thus, the lashing wires provided the only firm handhold. When P's gang descended into the lower hold, they noticed that the lashing wires, the coaming, and the ladder were all covered with a fine film of oil or grease. There was also water and grease on the surface of the lower hold deck. The longshoremen requested and were provided with 'Stay-Dry,' which is a substance that will absorb water and oil or grease and provide traction for the 'hi-lo' tractor used by the longshoremen to move cargo inside the hatch. The longshoremen also noticed a tipped-over 'hi-lo' tractor from which oil or hydraulic fluid was leaking. This fact was called to the attention of the stevedore's foreman, and a mate was called in order to point out the tractor's condition to him. The condition of the lashing wires, hatch coaming, and ladder was not directly called to the attention of the ship's personnel by any of the longshoremen. Neither the ship's crew nor the stevedoring company nor its employees made any attempts to correct the oily and greasy conditions on the lashing wires, hatch coaming, and ladder. The condition became worse throughout the day due to the tracking of oil by the longshoremen as they went up and down the ladder. Up until shortly after 3:00 p.m., eight longshoremen used the ladder at least three times each. P used the ladder four times. He admitted that he noticed the greasy and oily conditions when he first descended in the morning and remained aware of the condition until the time of his injury. Another ladder, known as the 'escape hatch' ladder, was available for use at the after end of No. 4 hatch. After 1:00 p.m., this second ladder became more difficult to use because the longshoremen would have had to climb over two large air conditioners. None of the longshoremen used the escape hatch ladder. Shortly after 3:00 p.m. P while attempting to swing his right foot over the coaming and descend the ladder, his left foot slipped off the top rung of the ladder, causing his hands to slip from the lashing wire and coaming. P fell approximately 15 feet to the upper 'tween deck and suffered severe injuries. The jury returned a special verdict finding the shipowner, P's stevedoring employer, I.T.O. Corp., and P all negligent in the amounts of 40 percent, 50 percent, and 10 percent, respectively. Total damages were found to be $21,000. The court entered judgment in favor of Pin the amount of $8,400, or 40 percent of $21,000. D moved for a judgment notwithstanding the verdict under Fed.R.Civ.P. 50(b), having made a motion for a directed verdict at the close of all the evidence. D challenges the sufficiency of the evidence to show a breach of the D's duty to P under the 1972 Amendments to the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. § 905

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