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JONES v. HALEKULANI HOTEL, INC.

No. 75-3589.

557 F.2d 1308 (1977)

Thomas J. JONES, a single man, Plaintiff-Appellant, v. HALEKULANI HOTEL, INC., a Hawaiian Corporation, John Doe and the XYZ Corp., a corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

July 21, 1977.

Attorney(s) appearing for the Case

Paul G. Rees, Jr., argued, Rees, Mercaldo & Smith, Tucson, Ariz., for plaintiff-appellant.

Ronald D. Libkuman, argued, Honolulu, Hawaii, for defendants-appellees.

Before ELY, HUFSTEDLER and WRIGHT, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

On March 27, 1970, Tom Jones, then a minor, dove from a seawall on Halekulani Hotel property into shallow ocean water, fracturing his neck, rendering him a quadriplegic. Jones, an Arizona resident, brought a diversity action in district court in Hawaii, claiming that the Halekulani Hotel breached its duty to warn users of the seawall of the shallowness of the water, or otherwise to protect users of the walkway from dangers incident...

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