De La Rosa v. St. Charles Gaming Co.

474 F.3d 185, 2006 AMC 2997 (2006)

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De La Rosa v. St. Charles Gaming Co.

United States Court of Appeals for the Fifth Circuit
474 F.3d 185, 2006 AMC 2997 (2006)

Facts

St. Charles Gaming Co. (defendant) owned two floating casinos on Lake Charles, Louisiana. The casinos were built on boats that were theoretically capable of functioning as vessels but were in fact indefinitely moored to a dock, adjacent to a land-based hotel. The casinos received water, sewer lines, and technology services from land-based sources. David De La Rosa (plaintiff) was on one of the casinos when he tripped and fell. De La Rosa sued St. Charles Gaming for unseaworthiness under admiralty law and negligence. St. Charles Gaming moved for summary judgment on both counts, alleging for the unseaworthiness claim that the casino was not a vessel covered under admiralty law. The district court granted the motion and dismissed De La Rosa’s claims. De La Rosa appealed.

Rule of Law

Issue

Holding and Reasoning (Benavides, J.)

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