King v. Fuel Services Inc

UNITED STATES COURT OF APPEALS FIFTH CIRCUIT ____________ No. 96-31289 ____________ SAM AUGUSTINE KING, Plaintiff - Appellant, HAROLD M WHEELAHAN, III, A PROFESSIONAL LAW CORPORATION, Intervenor - Appellee, versus FUEL SERVICES (formerly Dantzler Boat & Barge Company); BLUE CHIP MV; DANTZLER BOAT & BARGE COMPANY DIVISION; CHEVRON USA INC, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Louisiana (93-CV-3676-K) December 11, 1997 Before WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* Sam Augustine King appeals from a jury verdict finding that Dantzler Boat & Barge Company was not liable for injuries King sustained while working as a seaman on board the MV BLUE CHIP, that King was 50% at fault for his injuries, and that the MV BLUE CHIP * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. was seaworthy at the time of the accident. King also appeals the jury’s award of $2,850 in damages, assessed against Chevron, U.S.A. In support of his appeal, King argues that both the jury’s damage award and the findings relevant to this appeal are not supported by sufficient evidence. We will not reverse a jury verdict concerning liability or damages unless, viewing all the evidence in the light most favorable to the verdict, we can say that “no reasonable jury” could have rendered the verdict at issue. See Myers v. Griffen- Alexander Drilling Co., 910 F.2d 1252, 1254 (5th Cir. 1990). Here, however, the record indicates that ample evidence supports the jury’s verdict both as to liability and damages. King points us to other evidence, also contained in the record, that is contrary to the verdict. Nevertheless, we will not invade the province of the jury by reweighing the evidence or redetermining the credibility of those who testified at trial. See Wood v. Diamond M Drilling Co., 691 F.2d 1165, 1168 (5th Cir. 1982). AFFIRMED.