Rosenbaum v. Cal Dive Intl Inc, et al

* Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
June 18, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-30398
ANTHONY ROSENBAUM,
Plaintiff,
versus
CAL DIVE INTERNATIONAL INC,
Defendant-Third Party Plaintiff - Appellant-Cross-Appellee,
versus
BROCO INC,
Third Party Defendant - Appellee-Cross-Appellant.
--------------------
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:04-CV-3274
--------------------
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Cal Dive International and Broco both appeal in this products
liability case involving the explosion of an underwater cutting
torch manufactured by Broco that injured Anthony Rosenbaum, a
commercial diver employed by Cal Dive. Cal Dive argues on appeal
that the district court erred in dismissing several of its claims,
drafting the jury charge, and excluding evidence of post-accident

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No. 06-30398
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changes to the torch. It also argues that the jury verdict is
against the weight of the evidence. Broco argues on appeal that the
court erred in allowing Cal Dive’s claim to proceed to the jury.
After considering the oral and written arguments of the
parties, the evidence and the record in this case, we conclude that
the district court committed no reversible error of law in its
rulings or its instructions to the jury, and that there was a
legally sufficient evidentiary basis for the jury's findings and
verdict. Accordingly, the judgment of the district court is
AFFIRMED.

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