UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_______________________
No.98-31372
_______________________
GARY R. DANOS,
Plaintiff-Appellant,
versus
UNITED STATES OF AMERICA, ET. AL.,
Defendants,
UNITED STATES OF AMERICA,
Defendant-Appellee.
_________________________________________________________________
Appeal from the United States District Court
for the Eastern District of Louisiana
Lower Court No. 97-CV-2900-F
_________________________________________________________________
March 3, 2000
Before JONES, DUHÉ, and WIENER, Circuit Judges.
PER CURIAM:*
The court has carefully considered this appeal in light
of the briefs, oral argument, and pertinent portions of the record.
While it appears that the district court misspoke concerning the
standards of proof in this maritime injury case, the error was
harmless. There was insufficient evidence to support a verdict
finding causation of appellant’s respiratory problems by any toxic
exposure to fluorescein dye on board the DIAMOND STATE. Without
evidence that appellant was exposed to the dye in a toxic amount,
*
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opinion should not be published and is not precedent except under the limited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.
appellant’s case fails. The judgment of the district court is
AFFIRMED.
AFFIRMED.
2