Testo completo
*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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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
December 3, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-30075
Summary Calendar
JUAN ALBARADO,
Plaintiff-Appellant,
versus
UNITED MARINE HOLDINGS, INC.,
Defendant-Appellee.
Appeal from the United States District Court for
the Eastern District of Louisiana
(USDC No. 02-CV-3504-J)
_______________________________________________________
Before REAVLEY, WIENER and BENAVIDES, Circuit Judges.
PER CURIAM:*
The district court did not err in finding that Albarado failed to prove by a
preponderance of the evidence that the M/V FAST SKIPPER caused his injuries. There
were several factual inconsistencies in Albarado’s claims regarding the date of the
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accident, his description of the vessel, and his description of the direction and size of the
vessel’s wake that led the district court to question Albarado’s credibility. Further, the
district court correctly found that the accident could not have happened the way Albarado
claims it happened because the M/V FAST SKIPPER could not have created a six-foot
wake in the Bayou Lafourche without running aground. Thus, the district court judgment
in favor of United Marine Holdings, Inc. is AFFIRMED.
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