Camacho

Camacho v. Icicle Seafoods, Inc.

Good Law
204 F. App'x 625
United States Court of Appeals for the Ninth CircuitNovember 7, 2006No. 05-35324California1,009 words

Opinion

Lead Opinion

MEMORANDUM **

Camacho appeals the district court’s summary judgment in favor of Icicle Sea-foods, Inc., in his suit for recovery under the Jones Act, 46 App. U.S.C. § 688(a), and the admiralty common law doctrines of unseaworthiness and maintenance and cure. Because Camacho failed to produce evidence from which a reasonable fact finder could find in his favor at trial on the Jones Act and unseaworthiness claims, we affirm the district court’s dismissal of these two claims. We conclude, however, that the record contains evidence of a material issue of fact whether Camacho is entitled to damages for maintenance and cure. We therefore reverse the district *627 court’s order dismissing this claim and remand for trial.

We have jurisdiction under 28 U.S.C. § 1291 to review the district court’s grant of summary judgment, which we review de novo. Bagdadi v. Nazar, 84 F.3d 1194, 1197 (9th Cir.1996). Summary judgment is not warranted if a material issue of fact exists for trial. Warren v. City of Carlsbad, 58 F.3d 439, 441 (9th Cir.1995). We must view the underlying facts in the light most favorable to the party opposing the motion, here Camacho. Ribitzki v. Canmar Reading & Bates, Ltd.,…

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