IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-30489
Conference Calendar
DONALD BOURQUE,
Plaintiff-Appellant,
versus
PHILLIP BLANCHARD, Etc., Et Al.;
Defendants,
PHILLIP BLANCHARD, d/b/a B & C BOAT RENTAL, INC; and
M/V JOHN B,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 96-CV-1598
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June 16, 1998
Before DAVIS, PARKER, and DENNIS, Circuit Judges.
PER CURIAM:*
Donald Bourque, a seaman on the M/V JOHN B, operated by
Phillip Blanchard d/b/a B & C Boat Rental, Inc., was injured
while descending the stairs.
Bourque argues that the jury’s verdict is unsupported by the
evidence. Bourque failed to move for a judgment as a matter of
*
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that this opinion should not be published and is not precedent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.
No. 97-30489
-2-
law at the close of all the evidence. Nor did he move for a
judgment as a matter of law or for a new trial following the
return of the verdict. Thus, our review is limited to whether
there was any evidence to support the jury’s verdict,
irrespective of its sufficiency, or whether plain error was
committed. Coughlin v. Capitol Cement Co., 571 F.2d 290, 297
(5th Cir. 1978).
Bourque’s testimony was inconsistent as to whether his fall
occurred at the top of the stairs where there was no handrail or
on the middle steps where a handrail was provided. The jury
could have concluded that Bourque fell in the middle of the
stairs and that any failure to provide a left side handrail at
the top of the stairs, even if unseaworthy or negligent, did not
cause his injury. See Guillory v. Domtar Indus. Inc., 95 F.3d
1320, 1333-34 (5th Cir. 1996)(this court accepts all credibility
choices that tend to support the verdict).
This appeal is without arguable merit and thus frivolous.
Howard V. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Because
the appeal is frivolous, it is DISMISSED. See 5th Cir. R. 42.2.