Trung Le v. American Seafoods Co.

MEMORANDUM **

Trung Le appeals the trial court’s decision, after a bench trial, that he failed to carry his burden of proof in his claim under the Jones Act, 46 U.S.C. § 30104 , and in his general maritime law claim in which he alleged that the F/T Northern Jaeger was unseaworthy. Reviewing the trial court’s findings of fact for clear error, Fed.R.Civ.P. 52(a)(6), we may disturb the trial court’s factual findings only if our review of the evidence produces a “definite and firm conviction that a mistake has been committed.” Sauers v. Alaska Barge, 600 F.2d 238, 244 (9th Cir.1979). Having no such conviction, we affirm.

Le testified that he fell while attempting to dislodge a box that had jammed in the “boxilator,” a machine that elevates boxes from the hold of the ship. He attributed his fall to the listing of the ship, an icy floor at his work station, and the flawed design of the boxilator.

Le’s story was contradicted by Danny Mills, the only witness with the opportunity to directly observe how Le was injured. Mills was standing across the conveyer belt from Le at the time of the incident. *152 Mills testified that he glanced up when he noticed the boxilator had stopped and saw…