Waterfront License Corp. v. Baynham

District Court of Appeal of Florida

Waterfront License Corp. v. Baynham

894 So. 2d 1075, 2005 Fla. App. LEXIS 2541, 2005 WL 475214

District Court of Appeal of Florida·Decided March 2, 2005·No. No. 4D04-1341·Published

Opinion

SHAHOOD, J.

This is a wrongful death action brought by the parents of Jacob Dollar, who was killed in a jet siding accident. Suit was filed against Waterfront License Corp., d/b/a Club Jet Ski, Anthony Aiello, the company’s president, and Gerald Clay Baynham, the owner/operator of the forty-foot vessel with which the decedent collided. We reverse the trial court’s grant of summary judgment in favor of Baynham because there remain genuine issues of material fact as to whether Baynham complied with all of the applicable Inland Navigational Rules and whether his actions or inactions were reasonable under the circumstances.

REVERSED AND REMANDED.

FARMER, C.J., and TAYLOR, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

SHAHOOD, J.

This is a wrongful death action brought by the parents of Jacob Dollar, who was killed in a jet siding accident. Suit was filed against Waterfront License Corp., d/b/a Club Jet Ski, Anthony Aiello, the company’s president, and Gerald Clay Baynham, the owner/operator of the forty-foot vessel with which the decedent collided. We reverse the trial court’s grant of summary judgment in favor of Baynham because there remain genuine issues of material fact as to whether Baynham complied with all of the applicable Inland Navigational Rules and whether his actions or inactions were reasonable under the circumstances.

REVERSED AND REMANDED.

FARMER, C.J., and TAYLOR, J., concur.

Waterfront License Corp. v. Baynham, 894 So. 2d 1075, 2005 Fla. App. LEXIS 2541, 2005 WL 475214 (Fla. Ct. App. 2005).

Pincite

894 So. 2d 1075 (Waterfront License Corp. v. Baynham) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.