Legal Opinion
Fabend v. Rosewood Hotels & Resorts, L.L.C.
Court of Appeals for the Third Circuit
Decided September 9, 2004No. 03-1119PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
(September 9, 2004)
Richard and Margaret Fabend sued Rosewood Hotels and Resorts, Caneel Bay, Inc., and the United States Department of Interior, National Park Service after Richard was injured while bodysurfing in the Virgin Islands. Fabend settled the claims against the United States, but proceeded in the District Court of the Virgin Islands against the remaining defendants. Fabend claims that the defendants had a duty to warn him of a dangerous shorebreak condition at the beach, which created a forceful wave that drove him into the sand and left him a quadriplegic. The…
2Cases cited8 opinions
- Roger Turbe v. Government of the Virgin Islands, Virgin Islands Water and Power AuthorityCourt of Appeals for the Third Circuit · 1991
- Diane Blair v. Scott Specialty Gases Thomas Barford Jerry StumpCourt of Appeals for the Third Circuit · 2002
- Philip Aaron Banks, Cross-Appellants v. Hyatt Corporation, Cross-Appellee, Refco Poydras Hotel Joint VentureCourt of Appeals for the Fifth Circuit · 1984
- Thomas J. Jones, a Single Man v. Halekulani Hotel, Inc., a Hawaiian Corporation, John Doe and the Xyz Corp., a CorporationCourt of Appeals for the Ninth Circuit · 1977
- Stedman v. SpirosAppellate Court of Illinois · 1959
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3Cited by5 opinions
- Richard Fabend Margaret Fabend v. Rosewood Hotels and Resorts, L.L.C. Caneel Bay, Inc United States of America v. Rosewood Hotels and Resorts, L.L.C. Caneel Bay, Inc., Third-Party v. United States of America Department of the Interior, National Park Service, Third-PartyCourt of Appeals for the Third Circuit · 2004
- Joseph v. Speedy Gas, Inc.District Court, Virgin Islands · 2011
- Kosick v. Bar-SelaSuperior Court of The Virgin Islands · 2007
- Simkins v. Bank of Nova ScotiaSupreme Court of The Virgin Islands · 2025
- Kosick v. Bar-SelaSuperior Court of The Virgin Islands · 2007