Alexander v. Harnick

Banke, Judge.

This is a wrongful death action involving the drowning of the plaintiffs daughter while an invitee on the defendant’s houseboat. The appeal is from the trial court’s grant of summary judgment to the defendant.

The decedent apparently jumped from the houseboat into the water in an attempt to rescue her dog, which had jumped or fallen overboard. The defendant then attempted unsuccessfully to maneuver the boat next to her and, seeing that she was unable to swim to the boat, dove in to save her. She grabbed onto his leg but, as he swam back to the boat, lost her grip and slipped…