Benancio Rodriguez v. Martin Marietta Materials, Inc, et al

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Benancio Rodriguez v. Martin Marietta Materials, Inc, et al

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Case: 09-51121

Document: 00511193726

Page: 1

Date Filed: 08/04/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-51121 S u m m a r y Calendar August 4, 2010 Lyle W. Cayce Clerk

B E N A N C I O RODRIGUEZ, doing business as Big Ben and Son Trucking, P la in t if f -A p p e lle e v. M A R T I N MARIETTA MATERIALS, INC.; LABOR READY, INC.; J E S U S HERNANDEZ, D e fe n d a n t s -A p p e lla n t s

A p p e a l from the United States District Court fo r the Western District of Texas U S D C No. 5:08-CV-419

B e fo r e JONES, Chief Judge, and WIENER and PRADO, Circuit Judges. P E R CURIAM:* T h e court has carefully considered appellants' twin arguments -- (1 ) whether defendants' negligence proximately caused the torn rotator cuff in ju r y asserted by Appellee Rodriguez although he had had a torn rotator cuff p r e v io u s ly ; and (2) whether the trial court's separate monetary awards for p h y s ic a l impairment and pain and mental anguish impermissibly overlap. Even if these issues were properly preserved, they are founded on the interpretation

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

*

Dockets.Justia.com

Case: 09-51121

Document: 00511193726 Page: 2 No. 09-51121

Date Filed: 08/04/2010

o f evidence before the trial court, which rendered clear and comprehensive fin d in g s in support of its legal conclusions following the bench trial. The court's fin d in g s on these issues manifest neither clear error nor manifest miscarriage o f justice. C o n s e q u e n t ly , the judgment is AFFIRMED.

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