Lewelyn v. Picar v. F/v Blue Horizon

990 F.2d 1259 1993 A.M.C. 2408 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lewelyn v. PICAR, Plaintiff-Appellant, v. F/V BLUE HORIZON, et al., Defendant-Appellee. No. 91-16644. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 10, 1993. Decided March 18, 1993. Before CHOY, PREGERSON and BEEZER, Circuit Judges. 1 MEMORANDUM * 2 Lewelyn Picar was injured while a passenger aboard a charter fishing vessel owned by the defendants. After a trial before the district judge, the judge found that the defendants were not negligent and entered judgment in favor of the defendants. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 Contrary to Picar's assertions, the district court applied the proper standard of care. The parties agree that the standard of care is governed by Kermarec v. Compagnie Generale Transatlantique, 358 U.S. 625 (1959). The district judge, citing Kermarec, articulated the standard as "reasonable care under the…