Johns

MEMORANDUM **

Ronald Johns appeals the district court’s denial of his motion for a new trial based on insufficiency of the evidence that the Misty Blue was seaworthy. We previously remanded this issue because in denying Johns’ new trial motion the district court failed to reweigh the evidence. See Johns v. Misty Blue, Inc., 149 Fed.Appx. 685, 687-88 (9th Cir.2005) (unpublished decision). We have jurisdiction under 28 U.S.C. § 1291 and affirm.

We review for an abuse of discretion the district court’s denial of a motion for a new trial. See Alford v. Haner, 446 F.3d 935, 936 (9th Cir.2006).

Landes Const. Co., Inc. v. Royal Bank of Canada, 833 F.2d 1365, 1372 (9th Cir.1987) (internal citations omitted).

The district court did not abuse its discretion in denying Johns’ motion for a new trial based on insufficiency of the evidence. On remand, the district court applied the proper standard of review and reweighed the evidence regarding seaworthiness. In addition, at least some evidence in the record supports the finding that the Misty Blue was seaworthy. See Johns, 149 Fed. Appx. at 687 . Contrary to Johns’ assertion, the district court’s statement regarding Johns’ responsibility…