Legal Opinion
In the Matter of Michael Guglielmo for Exoneration From or Limitation of Liability. Jeanne M. Kroemer, Claimant-Appellant v. Michael Guglielmo
Court of Appeals for the Second Circuit
Decided February 23, 1990No. 509, Docket 89-7230PublishedCited by 26 opinions
1Opinion of the Court
WINTER, Circuit Judge:
Claimant-appellant Jeanne Kroemer appeals from Chief Judge Platt’s decision that petitioner Michael Guglielmo’s liability for damages caused by a pleasure-boating accident is limited under the Limitation of Liability Act, 46 U.S.C.App. §§ 181-196 (1982 and Supp. V 1987) (“the Act”). See In re Guglielmo, 704 F.Supp. 352 (E.D.N.Y.1989). We agree with the district court that the Act applies to pleasure boats but believe that an issue of material fact exists as to Guglielmo’s privity and knowledge regarding the accident. We therefore reverse and remand for a trial on the…
2Cases cited24 opinions
- Foremost Insurance v. RichardsonSupreme Court of the United States · 1982
- Just v. ChambersSupreme Court of the United States · 1941
- Coryell v. PhippsSupreme Court of the United States · 1943
- Schoenbaum v. FirstbrookCourt of Appeals for the Second Circuit · 1968
- Butler v. Boston & Savannah Steamship Co.Supreme Court of the United States · 1889
19 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Wahlstrom v. Kawasaki Heavy Industries, Ltd.Court of Appeals for the Second Circuit · 1993
- Gorman v. CerasiaCourt of Appeals for the Third Circuit · 1993
- The Complaint of Three Buoys Houseboat Vacations U.S.A. Ltd. v. MortsCourt of Appeals for the Eighth Circuit · 1990
- Capital Options Investments, Incorporated, a Delaware Corporation v. Goldberg Brothers Commodities, Incorporated and Linnco Futures, IncorporatedCourt of Appeals for the Seventh Circuit · 1992
- In Re Complaint of MessinaCourt of Appeals for the Second Circuit · 2009
21 more not listed; retrieve them via the Exa API.