Cherry

Cherry v. United States

Good Law
312 F. App'x 68
United States Court of Appeals for the Ninth CircuitFebruary 12, 2009No. 07-35982California335 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiff Darlene Cherry appeals the district court's judgment in favor of defendant United States after a bench trial on her Jones Act negligence and common law unseaworthiness claims. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court's "[fjindings of lack of negligence and of seaworthiness [are] not clearly erroneous . because affirmative evidence supports the findings [and] because sufficient evidence to the contrary has not been presented by the one upon whom rests the burden of proof." Walston v. Lambertsen, 349 F.2d 660, 663 (9th Cir.1965). The district court rejected the "featheiweight" causation standard applicable to Jones Act negligence suits that requires only slight evidence that defendant's negligence caused plaintiffs injuries, see Ribitzki v. Canmar Reading & Bates, Ltd., 111 F.3d 658 , 664 (9th Cir.1997), as amended on denial of reh'g and reh'g en banc; In re Hechinger, 890 F.2d 202 , 208 (9th Cir.1989), but it did not clearly err because it pointed to affirmative evidence in Dr. Green's testimony of no objective connection between plaintiff's condition and her slip and fall in November 2004. See Claar v. Burlington N.…

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