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ANDERSON v. WHITTAKER CORP.

Nos. 88-1898, 88-1900, and 88-1901.

894 F.2d 804 (1990)

Jacqueline ANDERSON, Martha Brower, Mary E. Miller, and Marvie C. Willsey, Plaintiffs-Appellees, Plaintiffs-Appellees, Cross Appellants, v. WHITTAKER CORPORATION, Defendant-Appellant, Defendant-Appellant, Cross Appellee, Defendant-Appellee, Claude C. Boles, Third Party Defendant-Appellant, Bay Haven Marina, Inc., Ottawa Beach Marina, Inc., Third Party Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 18, 1990.

Attorney(s) appearing for the Case

John L. Coté (argued), Raymond J. Foresman, Jr., Curtis R. Hadley, Willingham & Coté, East Lansing, Mich., for plaintiffs-appellees.

Richard B. Baxter (argued), Robert N. Hammond, Dykema, Gossett, Spencer, Goodnow & Trigg, Joel E. Krissoff, Farr & Oosterhouse, Grand Rapids, Mich., for Whitaker Corp. and Trojan Yacht.

Bruce P. Rissi (argued), Smith, Haughey, Rice & Roegge, Grand Rapids, Mich., for Bay Haven Marina, Inc.

Gary P. Bartosiewicz, Piatt, Bartosiewicz & Tiderington, Kalamazoo, Mich., for Ottawa Beach Marina, Inc.

Charles E. Barbieri (argued), John L. Collins, Foster, Swift, Collins & Coey, Lansing, Mich., for Claude C. Boles.

Before KENNEDY and RYAN, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

KENNEDY, Circuit Judge.

This case involves a general maritime action for wrongful death arising out of the sinking of a boat known as the Sea Mar III ("Sea Mar") in Lake Michigan. The manufacturer of the boat, the Whittaker Corporation, appeals the District Court's finding that the negligent design of the boat was a proximate cause of the sinking. It also appeals the award of damages for pre-death terror, fright and shock in the absence of eyewitness evidence regarding...

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