HOGAN v. OVERMAN

No. 84-2114.

767 F.2d 1093 (1985)

Kenneth Michael HOGAN, Appellant, v. Scott D. OVERMAN, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 18, 1985.


Attorney(s) appearing for the Case

J.D. Smith, Jr., Richmond, Va. (Parker E. Cherry, Purcell, Cherry, Kerns & Abady, Richmond, Va., on brief), for appellant.

P. Christopher Guedri, Richmond, Va. (Browder, Russell, Morris & Butcher, Richmond, Va., on brief), for appellee.

Before WINTER, Chief Judge, CHAPMAN, Circuit Judge and KNAPP, Senior United States District Judge for the Southern District of West Virginia, sitting by designation.


HARRISON L. WINTER, Chief Judge:

Plaintiff Hogan sued defendant Overman, invoking federal admiralty jurisdiction. Hogan alleged in his complaint that Overman "was engaged in towing plaintiff on water skis and the defendant did then and there so carelessly and negligently operate [the motorboat] so as to cause plaintiff to be thrown and fall." The district court granted defendant's motion to dismiss for lack of admiralty jurisdiction. We reverse.

I.

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