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Vickers v. Weeks Marine, Inc.

United States Court of Appeals, Fifth Circuit
Feb 25, 2011
414 F. App'x 656 (5th Cir. 2011)

Opinion

No. 10-30622 Summary Calendar.

February 25, 2011.

Jimmie Vickers, Moss Point, MS, pro se.

Matthew Francis Popp, Waits, Emmett Popp, L.L.C., New Orleans, LA, for Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of Louisiana, USDC No. 2:09-CV-6230.

Before JOLLY, GARZA and STEWART, Circuit Judges.


Plaintiff-Appellant Jimmie Vickers appeals the district court's dismissal, for lack of standing, of his action under the Racketeer Influenced and Corrupt Organizations (RICO) Act. Affording his pro se brief the benefit of liberal construction, see Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972), Vickers argues that he has standing to sue under RICO because the bodily injury he sustained ultimately caused economic damage to his corporation, Vickers Marine, Inc.

A RICO plaintiff "must establish that he has standing to sue." Price v. Pinnacle Brands, 138 F.3d 602, 606 (5th Cir. 1998). As there is no recovery under RICO for personal injuries, a plaintiff does not have standing to sue under 18 U.S.C. § 1964(c) based on such injuries. See id. at 607 n. 20. Here, any economic injury to Vickers's corporation was the result of Vickers's bodily injury. Thus, the district court did not err in dismissing his RICO action for lack of standing.

The judgment of the district court is AFFIRMED.


Summaries of

Vickers v. Weeks Marine, Inc.

United States Court of Appeals, Fifth Circuit
Feb 25, 2011
414 F. App'x 656 (5th Cir. 2011)
Case details for

Vickers v. Weeks Marine, Inc.

Case Details

Full title:Jimmie VICKERS, Plaintiff-Appellant v. WEEKS MARINE, INC.; Atlantic…

Court:United States Court of Appeals, Fifth Circuit

Date published: Feb 25, 2011

Citations

414 F. App'x 656 (5th Cir. 2011)

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