MINK v. GENMAR INDUSTRIES, INC.

No. 92-3100.

29 F.3d 1543 (1994)

George MINK, individually, for Use and Benefit of Insurance Company of North America, Plaintiff-Appellant, v. GENMAR INDUSTRIES, INC., etc., Defendant-Third-Party Plaintiff-Appellee, v. Joseph Riddick HENDRICK, III, J.R.H. Racing, Inc., d/b/a Hendrick Motor Sport, Hendrick Motor Sport, Third-Party Plaintiffs-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 30, 1994.


Attorney(s) appearing for the Case

Susan K. Burkhart, David Batten, Cranfill, Sumner & Hartzog, Raleigh, NC, for Mink.

F. Steven Herb, Robert Cyril Widman, Nelson, Hesse, Cyril, Smith, Widman, Herb, Causey & Dooley, Sarasota, FL, for Genmar Industries, Inc.

Carl R. Nelson, Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, FL, for 3rd party plaintiffs.

Before ANDERSON and BIRCH, Circuit Judges, and ATKINS, Senior District Judge.


ANDERSON, Circuit Judge:

I. INTRODUCTION

In this case, we address whether maritime law applies to an action arising out of injuries sustained by a passenger of a pleasure craft.

II. FACTS

On November 28, 1986, appellant George Mink was injured while riding as a passenger on board a Wellcraft Scarab, a 38-foot pleasure craft that was being operated at a high rate of speed on the navigable waters of the United States in the Gulf of Mexico...

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