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In a personal injury action arising from a boat accident, district court's judgment is affirmed in part and reversed in part where: 1) substantial evidence supported district court's conclusion that defendant breached a duty of reasonable care to plaintiff by bringing the boat to planing speed when plaintiff was seated on the bow cushion; 2) district court did not clearly err in finding that defendant's negligent operation of the boat was a proximate and substantial cause of plaintiff's injuries; and 3) district court erred in awarding plaintiff's spouse damages for loss of consortium as there is no well-settled admiralty rule authorizing such damages for spouses of non-seafarers negligently injured beyond the territorial waters of the United States.
Submitted: April 16, 2009
Filed: September 2, 2009
Opinion by Colloton, Circuit Judge
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