Cerciello v. MacConchie

This personal injury action arises out of a pleasure-boating accident that occurred on the afternoon of August 13, 1988. Plaintiff Joseph Cerciello, Jr. appeals from an order granting summary judgment dismissing his complaint. Because the trial court relied upon principles of liability not here applicable, we reverse the court’s order dismissing plaintiffs cause of action against defendant Thomas MacConchie, the owner and operator of the vessel herein involved. We affirm, however, that part of the order dismissing plaintiffs claim against defendant Gale MacCon-chie.

The relevant facts are…