Wyler v. Holland America Line-USA, Inc.

ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

PECHMAN, District Judge.

This matter comes before the Court on defendant Holland-America Line USA, Inc.’s motion for summary judgment. (Dkt. No. 55.) The co-defendants join in the motion. Plaintiff Marguerite Wyler moves for partial summary judgment on the defendants’ “rogue wave” affirmative defense. (Dkt. No. 58.) Having considered the papers and pleadings, the Court hereby DENIES defendants’ motion because the plaintiff has adduced sufficient evidence to support a claim of negligence,…