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Camacho v. Icicle Seafoods, Inc.

Citation: 204 F. App'x 625Docket: No. 05-35324

Court: Court of Appeals for the Ninth Circuit; November 6, 2006; Federal Appellate Court

Narrative Opinion Summary

In this case, Camacho appealed the district court's summary judgment in favor of Icicle Seafoods, Inc. concerning claims under the Jones Act and admiralty law doctrines of unseaworthiness and maintenance and cure. The district court dismissed Camacho's claims under the Jones Act and for unseaworthiness due to insufficient evidence, as his allegations were speculative and not substantiated with admissible evidence. Specifically, his claim of a conspiracy among crew members was unverified. The court highlighted that Camacho failed to prove that the conduct of his coworkers was 'savage and vicious,' which is necessary to establish unseaworthiness. However, the court identified a genuine dispute of material fact regarding Camacho's entitlement to maintenance and cure, noting that this is an obligation of the shipowner regardless of fault. The court reversed the summary judgment on this claim and remanded it for trial, as factual disputes existed about when and how Camacho's knee injury occurred. The district court's decision to grant summary judgment without examining whether genuine material issues existed was found to contravene Federal Rule of Civil Procedure 56. The case was remanded with costs on appeal awarded to Camacho, but the decision is not for publication or citation as per Ninth Circuit Rule 36-3.

Legal Issues Addressed

Jones Act and Unseaworthiness Claims

Application: The court dismissed the claims under the Jones Act and unseaworthiness due to lack of evidence, as Camacho's allegations were speculative and unsupported by admissible evidence.

Reasoning: The court affirmed the dismissal of Camacho's Jones Act and unseaworthiness claims due to insufficient evidence to support his allegations, which were largely speculative and based on conjecture without admissible evidence.

Local Rule 7(b)(2) and Opposition to Motions

Application: Although Camacho opposed the summary judgment motion, he failed to specifically counter the assertion regarding the maintenance and cure claim, which the district court interpreted as an admission of merit.

Reasoning: Despite this, the district court dismissed Camacho's maintenance and cure claim based on Local Rule 7(b)(2), which interprets a party's failure to oppose a motion as an admission of its merit.

Maintenance and Cure Obligation

Application: The court found a material fact issue regarding Camacho's entitlement to maintenance and cure, necessitating a trial to resolve the dispute over whether his injury occurred during service to the vessel.

Reasoning: The court found evidence of a material fact issue regarding Camacho's entitlement to damages for maintenance and cure, which is a separate obligation of a shipowner to provide for injured crew members regardless of fault.

Summary Judgment and Material Fact Disputes

Application: The court reversed the summary judgment on the maintenance and cure claim as material facts were in dispute, which should be resolved through trial, not summary judgment.

Reasoning: The court exercised jurisdiction under 28 U.S.C. 1291, affirming that summary judgment is inappropriate when material facts remain in dispute.

Unseaworthiness and Crew Conduct

Application: Camacho failed to demonstrate that the conduct of his coworkers met the required threshold of 'savage and vicious' behavior necessary to establish a claim of unseaworthiness.

Reasoning: Camacho failed to demonstrate that the actions of his coworkers met the threshold of 'savage and vicious' conduct necessary to establish unseaworthiness.