ORDER DENYING STAFFORD'S MOTION FOR SUMMARY JUDGMENT
KAY, Chief Judge.
BACKGROUND
This action is based on an accident involving a scuba diver and a vessel at sea. On or about January 10, 1997, the "Kai Nalu," a vessel owned by Tropical Hydro, Inc. ("Tropical"), took Stacey Courtney and Jeff Jensen, her fiance and dive buddy, on a dive excursion to a dive spot near the Island of Lanai known as Shark Fin Rock. Leslie Farnel, the
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