Torres
Torres v. Caribbean Fishing Co.
Opinion
Lead Opinion
MEMORANDUM **
Appellants Caribbean Fishing Co., Inc., Starkist Foods, Inc., and the M/V Fuiono (collectively “the vessel”) appeal the district court’s judgment that the vessel was unseaworthy and that Appellee Edwin Torres is entitled to an award of maintenance and cure. We REVERSE in part and AFFIRM in part.
The district court’s findings of fact are reviewed for clear error. See Diamond v. City of Taft, 215 F.3d 1052, 1055 (9th Cir.2000) cert. denied 531 U.S. 1072 , 121 S.Ct. 763 , 148 L.Ed.2d 665 (2001). The *753 district court’s conclusions of law are reviewed de novo. See Cigna Property and Cas. Ins. Co. v. Polaris Pictures Corp., 159 F.3d 412, 418 (9th Cir.1998). Whether the doctrine of maintenance and cure applies to a given set of facts is a question of law reviewed de novo. See Sana v. Hawaiian Cruises, Inc., 181 F.3d 1041 , 1044 (9th Cir.1999).
A vessel is unseaworthy if a member of the crew has a wicked disposition, a propensity to evil conduct, a savage and vicious nature. See Boudoin v. Lykes Bros. S.S. Co., 348 U.S. 336, 340 , 75 S.Ct. 382 , 99 L.Ed. 354 (1955). The district court made extensive findings of fact regarding Lui’s conduct prior to and during the…