Legal Opinion
In Re the Complaint of Bird
District Court, D. South Carolina
Decided June 1, 1992No. 2:92-286-18PublishedCited by 12 opinions
1Opinion of the Court
ORDER
NORTON, District Judge.
This matter is before the court for consideration of claimant Hall Eskew’s motion to dismiss this action for lack of subject matter jurisdiction.
BACKGROUND
Benjamin Bird is the owner of a thirty-four foot Wellcraft power boat named REALITY. On August 3, 1991, Mr. Bird, Hall Eskew, Gregg Highland, and two unnamed women boarded REALITY for a pleasure voyage. The group anchored the REALITY in the shallow water near a tributary of the North Edisto River and, while the boat was anchored, Mr. Highland allegedly pushed Mr. Eskew overboard, causing Mr. Eskew to suffer…
2Cases cited16 opinions
- Executive Jet Aviation, Inc. v. City of ClevelandSupreme Court of the United States · 1972
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- Sisson v. RubySupreme Court of the United States · 1990
- Rodrigue v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1969
- The PlymouthSupreme Court of the United States · 1866
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3Cited by12 opinions
- Germain v. FicarraCourt of Appeals for the Second Circuit · 2016
- Matthews v. HowellCourt of Appeals of Maryland · 2000
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- A.E.A. ex rel. Angelopoulos v. Volvo Penta of Americas, LLCDistrict Court, E.D. Virginia · 2015
- Delta Country Ventures, Inc. v. Don MaganaCourt of Appeals for the Ninth Circuit · 1993
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