BARBETTA v. S/S BERMUDA STAR

No. 87-3478.

848 F.2d 1364 (1988)

Florence L. BARBETTA, and James D. Barbetta, Plaintiffs-Appellants, v. S/S BERMUDA STAR, in rem, her engines, tackle, and machinery, Etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 29, 1988.


Attorney(s) appearing for the Case

Timothy W. Crooks, Maria I. O'Byrne Stephenson, New Orleans, La., for plaintiffs-appellants.

Thomas J. Wagner, R. Christopher Martin, Wagner & Bagot, New Orleans, La., for defendants-appellees.

Before TIMBERS, KING and HIGGINBOTHAM, Circuit Judges.


KING, Circuit Judge:

Plaintiffs, a married couple who booked a cruise to Mexico in 1986, sued the ship on which they sailed because the ship's doctor, when treating the wife during the cruise, failed to discover that the wife had diabetes. Defendant moved for summary judgment and, after a hearing and time for discovery, the district court granted defendant's motion. According to the district court, to the extent plaintiffs were attempting to impose respondeat superior...

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