United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT June 18, 2004
Charles R. Fulbruge III
Clerk
No. 03-31008
Summary Calendar
RONNIE M. LYLES,
Plaintiff-Appellant,
versus
SEACOR MARINE, INC.,
Defendant-Appellee.
Appeal from the United States District Court
Eastern District of Louisiana
(01-CV-3121)
Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges
PER CURIAM:*
This pro se appeal by Ronnie M. Lyles arises out of his
action against Seacor Marine, Inc., for damages under the Jones
Act, 46 U.S.C. § 688, and general maritime law. Lyles alleged that
he was injured while employed as a member of the crew of the M/V
ADAM McCALL as a result of the negligence of Seacor and the
unseaworthiness of the vessel. Following a bench trial, at which
Lyles proceeded pro se, the district court entered judgment in
favor of Seacor.
*
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this opinion should not be published and is not precedent except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.
The district court found that Lyles failed to prove that
Seacor had been negligent or that the vessel was unseaworthy.
These are findings of fact, reviewed only for clear error. E.g.,
Gavagan v. United States, 955 F.2d 1016, 1019 (5th Cir. 1992);
Verdin v. C & B Boat Co., Inc., 860 F.2d 150, 154 (5th Cir. 1988).
Lyles has not shown the requisite clear error.
Lyles next contends that the district court erred in declining
to consider his claim for maintenance and cure, which was raised
for the first time at trial. A trial court is afforded broad
discretion in preserving the integrity and purpose of its pretrial
orders. Hodges v. United States, 597 F.2d 1014, 1017-18 (5th Cir.
1979). The obligation to pay maintenance and cure differs from
liability for damages. Bertram v. Freeport McMoran, Inc., 35 F.3d
1008, 1017 (5th Cir. 1994). Lyles has not shown that the district
court abused its broad discretion in declining to allow the claim
to be raised for the first time at trial.
AFFIRMED
2