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OLIVER BY OLIVER v. HARDESTY

No. 83-1677.

745 F.2d 317 (1984)

David OLIVER, Minor by his Guardian ad Litem, Linda L. OLIVER, Appellant, v. John Rudolph HARDESTY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 4, 1984.

Attorney(s) appearing for the Case

Joseph Michael Fullwood, Lexington, S.C. (John E. Duncan, Rogers, Duncan, Fullwood, & Perrin, Lexington, S.C., on brief), for appellant.

Jeter E. Rhodes, Jr., Columbia, S.C. (Whaley, McCutchen, Blanton & Rhodes, Columbia, S.C., on brief), for appellee.

Before WIDENER and HALL, Circuit Judges, and HAYNSWORTH, Senior Judge.

WIDENER, Circuit Judge.

The dispositive issue before us is whether a claim of negligent conduct arising from a collision between a 19 foot pleasure boat and a swimmer on navigable waters of the United States states a controversy within the admiralty jurisdiction of the federal courts. Plaintiff seeks review of the district court's order dismissing the action for want of jurisdiction. We are of opinion the case was within the jurisdiction of admiralty, and so vacate...

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