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plaintiffdamagesattorneyappealtrialpatentappellantappellee

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Pimentel v. Jacobsen Fishing Co., Inc., 102 F.3d 638, 1997 A.M.C. 887, 36 Fed.R.Serv.3d 1061

Facts

Carl Pimentel, the owner of a small island, filed a lawsuit against Jacobsen Fishing Co., Inc. and the Fishing Vessel Valkyrie after they severed a submerged cable that supplied electrical power to the island. The trial court found Jacobsen liable for damages, and Pimentel presented evidence, including testimony from the Captain of the Valkyrie, indicating that the helmsman was aware of the cable's location. Jacobsen appealed the decision, claiming the award was excessive and that the trial judge made errors in fact-finding.

Appellants Jacobsen Fishing Co., Inc. and the Fishing Vessel Valkyrie (collectively: “Jacobsen”) appeal from a district court judgment holding them liable in damages for severing a submerged cable carrying electrical power to a small island owned by plaintiff-appellee Carl Pimentel.

Issue

Did the trial court err in its findings of fact and the award of damages to Pimentel, and was Jacobsen's appeal frivolous?

The Court of Appeals, Cyr, Circuit Judge, held that: (1) trial judge's findings of fact were not clearly erroneous; (2) contention of company and vessel, that award made by trial judge was excessive, failed to establish clear error; (3) district court could award prejudgment interest at variable rate; and (4) on frivolous appeal grounds, Court of Appeals would assess double costs exclusively against company and vessel and attorney fees exclusively against counsel for company and vessel.

Rule

The appellate court reviews a trial judge's factual findings for clear error, and an appeal is considered frivolous if the arguments are wholly without merit or the result is obvious.

An appeal is frivolous 'if the result is obvious or the arguments are ‘wholly without merit.’'

Analysis

The Court of Appeals determined that Jacobsen failed to demonstrate clear error in the trial judge's findings, particularly regarding the credibility of witnesses and the knowledge of the submerged cable's location. Jacobsen's arguments about the excessiveness of the damages were also found to lack merit, as they presented no evidence to support their claims. The court noted that the trial judge's award of prejudgment interest at a variable rate was reasonable and not an abuse of discretion.

First, Jacobsen has not approached the required demonstration of clear error in its frontal attack on the findings of fact made by the trial judge. … Moreover, Jacobsen managed no demonstration that the variable-rate prejudgment interest award in the instant case constituted an abuse of discretion.

Conclusion

The Court of Appeals affirmed the district court's judgment, finding no errors in the trial court's decision and imposing sanctions on Jacobsen for pursuing a frivolous appeal.

The district court judgment is affirmed. Double costs are assessed exclusively against Jacobsen; $8,406.00 in attorney fees to appellee's counsel are assessed directly and exclusively against appellant's counsel, the firm of Clinton & Muzyka, P.C., and Messrs. Clinton and Collins, jointly and severally.

Who won?

Carl Pimentel prevailed in the case because the court found that Jacobsen was liable for severing the submerged cable and that their appeal lacked merit.

As all claims raised on appeal were either unpreserved or patently meritless, we affirm the district court judgment and impose monetary sanctions against Jacobsen and its counsel as requested by appellee.

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