That first step is a doozy. At least on the Lovie Dovie it is.
New admiralty (though it reads like a premises liability case) case from the Eighth Circuit Court of Appeals. The case is Boudwin v. Hastings Bay Marina, 2010 U.S. App LEXIS 16031 and can be found here .
Facts: during a "tour" of a moored boat, a prospective boat purchaser falls through a hatch that was left open by the "tour-guide" (the guide BROKE into the vessel to conduct the tour). The purchaser consummated the sale, then lost the boat to a marina operator's lien action. The purchaser then brought a negligence action against the marina (now boat owner).
Issue: did the marina operator have a duty to protect the purchaser from the fall?
Law: Trial court granted summary judgment in favor of the marina and that decision was affirmed by the Eighth Circuit. As a matter of fact, the court found that the marina did not own, control or possess the boat at the time of the injury. Further, the tour-guide was not acting in the scope of his employment during the ill-fated tour. And, any actions were not with actual or apparent authority, so respondeat superior could not save this claim.
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