Thomas J. Jones, a Single Man v. Halekulani Hotel, Inc., a Hawaiian Corporation, John Doe and the Xyz Corp., a Corporation

EUGENE A. WRIGHT, Circuit Judge:

On March 27, 1970, Tom Jones, then a minor, dove from a seawall on Halekulani Hotel property into shallow ocean water, fracturing his neck, rendering him a quadriplegic. Jones, an Arizona resident, brought a diversity action in district court in Hawaii, claiming that the Halekulani Hotel breached its duty to warn users of the seawall of the shallowness of the water, or otherwise to protect users of the walkway from dangers incident to its use.

The hotel moved for summary judgment on alternate theories that (1) the state of Hawaii had acquired an easement by…