Doyle v. Graske, No. 08-3144

In an action based on injuries sustained by plaintiff while on defendant's boat, judgment for plaintiff is affirmed in part where: 1) substantial evidence supported the district court's conclusion that defendant breached a duty of reasonable care if plaintiff was seated on the bow cushion when the boat came on plane; and 2) the district court's finding that defendant's negligence was a proximate and substantial cause of plaintiff's injuries was not clearly erroneous.  However, the judgment is reversed in part where federal admiralty law did not allow for recovery of loss of consortium damages in negligence matters occurring outside territorial waters.

Read Doyle v. Graske, No. 08-3144

Appellate Information

Submitted: April 16, 2009

Filed: September 2, 2009

Amended: October 21, 2009

Judges

Opinion by Judge Colloton