Stan Cusumano v. Royal Caribbean Cruise Lines

46 F.3d 1140 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Stan CUSUMANO, Plaintiff-Appellant, v. ROYAL CARIBBEAN CRUISE LINES, Defendant-Appellee. No. 93-15777. United States Court of Appeals, Ninth Circuit. Argued and Submitted: Dec. 14, 1994. Decided: Jan. 27, 1995. Before: TANG, REINHARDT, and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Stan Cusumano slipped and fell on a wet spot while playing basketball on the sports deck of the M/S Sun Viking, a Royal Caribbean Cruise Lines vessel. The district court granted summary judgment in favor of Royal Caribbean on the ground that Cusumano produced no evidence supporting a reasonable inference that Royal Caribbean had actual or constructive notice of the wet spot. We have jurisdiction, 28 U.S.C. Sec. 1291 , and we affirm. 3 Cusumano agrees that the district court applied the correct legal standard, that Royal Caribbean owed him a duty of exercising reasonable care under the circumstances. Kermarec v. Transatlantique, 358 U.S.…