Opinion
Argued and Submitted February 14, 2006.
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Preston Easley, Esq., Law Firm of Preston Easley, San Pedro, CA, for Plaintiff--Appellant.
Robert G. Frame, Esq., Frame Formby & O'Kane, Honolulu, HI, for Defendant--Appellee.
Appeal from the United States District Court for the District of Hawaii, Leslie E. Kobayashi, Magistrate Judge, Presiding. D.C. No. CV-02-00149-LEK.
Before: CANBY, KLEINFELD, and BERZON, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
A trial court's findings of facts are reviewed under a clearly erroneous standard. This standard is highly deferential, and we affirm the trial court if its account of the evidence is plausible in light of the record.
Sec. Exch. Comm'n v. Rubera, 350 F.3d 1084, 1091 (9th Cir.2003).
Id. at 1094.
There is ample evidence in the record to support the magistrate judge's finding that it was a customary and safe procedure to use two seaman to manually retrieve the slack from a spring line during a jackknife procedure. Therefore, the magistrate judge's conclusion that Sause Brothers did not breach its duty to provide Flowers with a safe work environment was adequately supported, as was her conclusion that the vessel was seaworthy.
See Ribitzki v. Canmar Reading & Bates, Ltd., 111 F.3d 658, 662 (9th Cir.1997).
AFFIRMED.