BERG v. CHEVRON U.S.A., INC.

No. 84-3935.

759 F.2d 1425 (1985)

Marilyn E. BERG, Personal Representative of the Estate of Ogie Berg, Plaintiff-Appellee, v. CHEVRON U.S.A., INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 9, 1985.


Attorney(s) appearing for the Case

Edward & Barbieri, Malcolm L. Edwards, Howard M. Goodfriend, Catherine Wright Smith, Levinson, Friedman, Vhugen, Duggan, Bland & Horowitz, Harold F. Vhugen, C. Steven Fury, A. Richard Dykstra, Stafford, Frey & Mertel, Seattle, Wash., for plaintiff-appellee.

Helsell, Fetterman, Martin, Todd & Hokanson, Gary F. Linden, Thomas W. Huber, Karen J. Vanderlaan, Shannon M. Fitzpatrick, Seattle, Wash., for defendant-appellant.

Before WRIGHT, KENNEDY, and ANDERSON, Circuit Judges.


OPINION*

EUGENE A. WRIGHT, Circuit Judge:

This appeal arises from a claim of negligence brought by the estate of the owner of a vessel in distress against the vessel that attempted a rescue. We examine the standard of care owed by the rescuer and the findings made by the trial court. The sequence of events is significant and is set out in some detail.

FACTS

Ogie Berg was the master and part-owner of the CAPELLA...

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