Legal Opinion

Simmons v. Ware

California Court of Appeal

Decided February 13, 2013No. G045886, G046287PublishedCited by 26 opinions

1Opinion of the Court

Opinion

O’LEARY, P. J.

Chad Ware appeals from the judgment entered against him in this maritime wrongful death action. Ware owned a vessel that was being used for a live onboard marine education program for students. The decedent, an adult chaperone on the trip, drowned while “free-diving” during a daytime excursion off of the ship conducted by the operators of the educational program. The jury returned a special verdict finding the company that operated the marine education program was a negligent cause of decedent’s death (apportioning 20 percent of the fault to it), and finding the decedent…

2Cases cited43 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
  3. Wilburn Boat Co. v. Fireman's Fund InsuranceSupreme Court of the United States · 1955
  4. Yamaha Motor Corp., USA v. CalhounSupreme Court of the United States · 1996
  5. Moore v. Regents of University of CaliforniaCalifornia Supreme Court · 1990

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3Cited by26 opinions

  1. Prostar Wireless Grp., LLC v. Domino's Pizza, Inc.District Court, N.D. California · 2018
  2. Acqua Vista Homeowners Assn. v. MWI, Inc.California Court of Appeal · 2017
  3. Burch v. Certainteed Corp., California Court of Appeal, 5th District2019
  4. Schaffer Family Investors, LLC v. SonnierDistrict Court, C.D. California · 2015
  5. Li Guan v. Yongmei Hu, California Court of Appeal, 5th District2017

21 more not listed; retrieve them via the Exa API.

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