GARRETT v. HIGGENBOTHAM

No. 85-8816.

800 F.2d 1537 (1986)

Gerald P. GARRETT, Plaintiff-Appellee, v. C.C. HIGGENBOTHAM, Jr., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 6, 1986.


Attorney(s) appearing for the Case

John J. Ossick, Jr., Kingsland, Ga., for plaintiff-appellee.

J. Thomas Whelchel, Brunswick, Ga., for defendant-appellant.

Before VANCE and EDMONDSON, Circuit Judges, and ALLGOOD, Senior District Judge.


EDMONDSON, Circuit Judge:

The sole issue in this appeal is whether the trial court misapplied relevant maritime law in holding defendant-appellant C.C. Higgenbotham liable for the damages resulting from a collision between his vessel and the sailboat of plaintiff-appellee Gerald P. Garrett. Because we find that the district court relied on an inapplicable statute and a pivotal issue of fact remains undecided, we must VACATE the district court's judgment and REMAND...

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