H2o Houseboat Vacations Inc. v. Roberta Hernandez

DAVID R. THOMPSON, Circuit Judge:

Appellee Roberta Hernandez and her family (the Hernandez family) were injured by carbon monoxide fumes in a houseboat they rented from the appellant H20 Houseboat Vacations (H20) at Lake Havasu in Arizona. Asserting admiralty jurisdiction, H20 filed an action in the Central District of California seeking to limit its liability under the Limitation of Vessel Owner’s Liability Act, 46 U.S.C.A. App. § 181 et seq.

The district court granted the Hernandez family’s motion to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1) of the Federal Rules of…