Kirksey v. P & O Ports Texas, Inc.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

KENT, District Judge.

TO THE HONORABLE COURT:

This cause came on for a non-jury trial July 13, 2006. Having carefully considered all pleadings, the trial record, all exhibits, the credibility of each witness and all post-trial submissions, on the basis of a preponderance of the evidence and applicable law, the Court hereby enters its Findings of Fact and Conclusions of Law.

I. FINDINGS OF FACT

A. NATURE OF THE CASE

1. This is a personal injury claim brought by longshoreman Patrick Kirksey (“Kirksey”) pursuant to 33 U.S.C. § 905(b) against Defendant Tonghai…