Flowers v. Sause Bros. , 167 F. App'x 689 ( 2006 )

MEMORANDUM ^*

A trial court’s findings of facts are reviewed under a clearly erroneous standard.¹ This standard is highly deferential, and we affirm the trial court if its account of the evidence is plausible in light of the record.²

There is ample evidence in the record to support the magistrate judge’s finding that it was a customary and safe procedure to use two seaman to manually retrieve the slack from a spring line during a jackknife procedure. Therefore, the magistrate judge’s conclusion that Sause Brothers did not breach its duty to provide Flowers with a safe work environment was adequately supported,³ as was her conclusion that the vessel was seaworthy.

AFFIRMED.

* This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

1 . Sec. Exch. Comm’n v. Rubera, 350 F.3d 1084, 1091 (9th Cir.2003).

2 . Id. at 1094.

3 . See Ribitzki v. Canmar Reading & Bates, Ltd., 111 F.3d 658, 662 (9th Cir.1997).