WHITMIRE v. UNITED STATES

No. 79-8084-Civ.-NCR.

493 F.Supp. 891 (1980)

Thomas Edward WHITMIRE, Individually and as father of the minors, Douglas Edward Whitmire, a minor, by his father and natural guardian, Thomas Edward Whitmire; David Lee Whitmire, a minor, by his father and natural guardian Thomas Edward Whitmire v. UNITED STATES of America.

United States District Court, S. D. Florida, Ft. Lauderdale Division.

June 30, 1980.


Attorney(s) appearing for the Case

Arthur Roth, Miami, Fla., for plaintiff.

Richard A. Marshall, Jr., Asst. U. S. Atty., Miami, Fla., for defendant.


ROETTGER, District Judge.

Plaintiff has been a commercial fisherman for 20 years and started fishing on Lake Okeechobee about 1970. With the lake lighted by a full moon on November 26, 1977, plaintiff struck an unlighted, unmarked and unauthorized piling while returning with his sons from laying out a two-mile set of trot lines. Plaintiff's 18 foot Skipjack plywood boat with a 55 h.p. motor was making 30 knots and riding on the plane when it hit the piling. Plaintiff...

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