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SCHULTZ v. BUTCHER

Nos. 93-1202, 93-1229.

24 F.3d 626 (1994)

Karen SCHULTZ, Plaintiff-Appellant, v. G. William BUTCHER, III; Edward H. Maass; "The Spirit of Mount Vernon"; Spirit Cruises, Incorporated, Defendants-Appellees. Karen SCHULTZ, Plaintiff-Appellee, v. "The SPIRIT OF MOUNT VERNON"; Spirit Cruises, Incorporated, Defendants-Appellants, G. William Butcher, III; Edward H. Maass, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 24, 1994.

Attorney(s) appearing for the Case

ARGUED: David Rosenblum, Rosenblum & Rosenblum, Alexandria, VA, for appellant. Mark Travis Coberly, VandeVenter, Black, Meredith & Martin, Norfolk, VA, for appellees Spirit of Mount Vernon and Spirit Cruises; Gary Brooks Mims, Brault, Palmer, Grove, Zimmerman, White & Mims, Fairfax, VA, for appellees Butcher and Maass. ON BRIEF: Walter B. Martin, Jr., VandeVenter, Black, Meredith & Martin, Norfolk, VA, for appellees Spirit of Mount Vernon and Spirit Cruises.

Before LUTTIG, Circuit Judge, CHAPMAN, Senior Circuit Judge, and WILSON, United States District Judge for the Western District of Virginia, sitting by designation.

Reversed, vacated and remanded by published opinion. Senior Judge Chapman wrote the opinion, in which Judge LUTTIG and District Judge WILSON joined.

OPINION

CHAPMAN, Senior Circuit Judge:

Karen Schultz was injured when the small boat in which she was riding crossed the wake1 created by The Spirit of Mount Vernon, a large passenger vessel, which caused the smaller boat to impact sharply upon the water. Schultz brought...

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