IN RE UFO CHUTING OF HAWAII, INC.

No. 01CV00087.

233 F.Supp.2d 1254 (2001)

In the Matter of THE COMPLAINT OF UFO CHUTING OF HAWAII, INC., dba UFO Parasail, a Hawaii Corporation, regarding the vessel UFS, Official Number 1065472-Complaint for Exoneration from or limitation of liability, and All Related Matters.

United States District Court, D. Hawai`i.

December 21, 2001.


Attorney(s) appearing for the Case

Dennis Niles, Paul Johnson Park & Niles, Honolulu, HI, for UFO chuting of Hawaii, Inc.

William M. McKeon, Paul John Park & Niles, Wailuku, HI, for UFO Parasail,

Peter T. Cahill, Cahill & O'Neill, Wailuku, HI, for Jane Bartlett.

Paul K. Hoshino, Honolulu, HI, for Phoenix Rope & Cordage Co., Gladding Braided Products.

Timothy P. McNulty, Kihei, HI, for Mark Bailey.


ORDER DENYING MOTION TO DISMISS

MOLLWAY, District Judge.

I. INTRODUCTION.

In November 1998, Mark Bailey ("Bailey") and Jane Bartlett ("Bartlett") went parasailing. Unfortunately for them, the rope that attached them to the boat snapped, causing Bailey and Bartlett to fall into the water (the "Accident"). They were shortly thereafter picked up by the boat and then went back up for another parasailing ride that same day. See...

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