Holzhauer v. Rhoades

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In an action under maritime law, a boat owner filed suit against his friend, who was driving the boat when it crashed into a passenger ferry. After the friend died from his injuries, his wife filed suit against the owner and GGB, which owns the ferry. The owner filed a cross-claim against GGB and a counterclaim against the wife. The Ninth Circuit affirmed the district court's grant of judgment as a matter of law to the owner. The panel applied maritime law and held that a boat owner who is a passenger on his boat has no duty to keep a lookout unless the owner-passenger knows that the person operating his boat is likely to be inattentive or careless or the owner-passenger was jointly operating the boat at the time of the accident. The panel also held that joint operation is not viewed over the course of the entire trip, but instead at the time immediately preceding and concurrent with the accident. View "Holzhauer v. Rhoades" on Justia Law