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DE LA ROSA v. ST. CHARLES GAMING CO.

No. 05-41563.

474 F.3d 185 (2006)

David DE LA ROSA, Plaintiff-Appellant, v. ST. CHARLES GAMING COMPANY, INC.; Grand Palais Riverboat, Inc., doing business as Isle of Capri Casino; CROWN CASINO M/V, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 31, 2006.

Attorney(s) appearing for the Case

David S. McKeand (argued), Houston, TX, for De La Rosa.

Anne Derbes Keller (argued), Baker, Donelson, Bearman, Caldwell & Berkowitz, Brian Douglas Wallace, Phelps Dunbar, New Orleans, LA, John L. Schouest, Phelps Dunbar, Houston, TX, for Defendants-Appellees.

Before BARKSDALE, BENAVIDES and OWEN, Circuit Judges.

BENAVIDES, Circuit Judge:

The Isle of Capri Casino offers gaming and other entertainment on board two boats that are afloat on Lake Charles, located in Lake Charles, Louisiana. The boats are indefinitely moored to a dock, adjacent to a land-based hotel. On August 21, 2003, Appellant David De La Rosa was a customer on board one of these boats, the M/V CROWN CASINO ("CROWN CASINO"), when he tripped and fell. Believing that his fall was caused by improper installation...

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