Wiesemann v. Pavlat

This appeal presents a question of proper use of MAI right-of-way instructions in a boat collision case governed by maritime law. The suit was for damages suffered by the parties when their outboard motorboats collided on the Lake of the Ozarks. Each claimed the right of way under maritime law. The jury found against plaintiff William C. Wiesemann on his petition and against defendant Edward Pavlat on his counterclaim. The defendant was satisfied with the dogfall, but plaintiff moved for a new trial and appealed when that was denied.

The ultimate issue below was who had the right of way.…