THIELE v. ODDY'S AUTO AND MARINE, INC.

No. 93-CV-761C.

906 F.Supp. 158 (1995)

Steven THIELE, Plaintiff, v. ODDY'S AUTO AND MARINE, INC., Defendant. ODDY'S AUTO AND MARINE, INC., a/k/a Jim Oddy's Automotive, Inc., Defendant and Third-Party Plaintiff, v. FOUNTAIN POWERBOATS, INC., Third-Party Defendant.

United States District Court, W.D. New York.

November 30, 1995.


Attorney(s) appearing for the Case

Clinton & Muzyka, P.C. (Arthur P. Skarmeas, of counsel), Boston, Massachusetts, and Hodgson, Russ, Andrews, Woods & Goodyear (Lisa C. Saurer, of counsel), Buffalo, New York, for Plaintiff.

Hall, Ricketts, Marky & Gurbacki (Robert H. Gurbacki, of counsel), East Aurora, New York, for Defendant Oddy's Auto and Marine, Inc.

Saperston & Day, P.C. (Kathleen A. Burr, of counsel), Buffalo, New York, for Third-Party Defendant Fountain Powerboats, Inc.


DECISION AND ORDER

CURTIN, District Judge.

BACKGROUND

The lawsuits arise out of an incident which occurred on November 1, 1990, in the Niagara River. Plaintiff Thiele's Fountain powerboat was being operated by the defendant/third-party plaintiff, Jim Oddy, when fire started in the engine compartment and ultimately forced Oddy and an employee to abandon the boat. Item 16, ¶ 7. The boat then sank.

Oddy was in possession of the...

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