SMITH v. MITLOF

Nos. 99 CIV 10833(WCC), 01 CIV. 7880(WCC).

198 F.Supp.2d 492 (2002)

Nancy Lee SMITH, individually and on her own behalf and on behalf of: Joshua Osborne, Jonathan Osborne and Thomas Osborne, minors by their parent and guardian Nancy Lee Smith, Kevin McGinn, individually and on his own behalf and on behalf of: Erin McGinn, Connor McGinn and Rebecca McGinn, minors by their parent and guardian Kevin McGinn, Dawn Hackett, Joseph Pecoraro, Linda Pecoraro and Michael Hurewitz, Plaintiffs, v. Joseph MITLOF, et al., Defendants/Third-Party Plaintiff, v. The Maritime Aquarium at Norwalk, Inc., Third-Party Defendant. Susan Thorson, William L. Thorson, Denny Jacobson, Eleanor Budoff, Helen Gurvitch, John L. Russo and Francis O'Brien, Plaintiffs, v. The Maritime Aquarium at Norwalk, Inc., et al., Defendants.

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

April 17, 2002.


Attorney(s) appearing for the Case

Edward R. Petkevis, P.C., Attorneys for Plaintiffs Nancy Lee Smith, Joshua Osborne, Jonathan Osborne, Thomas Osborne, Kevin McGinn, Erin McGinn, Connor McGinn, Rebecca McGinn, Dawn Hackett, Joseph Pecoraro, Linda Pecoraro and Michael Hurewitz, Roebling, NJ, Edward R. Petkevis, Esq., Of Counsel.

Tierney, Zullo, Flaherty and Murphy, P.C., Previous Attorneys for Third-Party Defendant/Defendant The Maritime Aquarium at Norwalk, Inc., Norwalk, CT, Barbara L. Coughlan, Esq., Of Counsel.

Pisano Mills & Isgard LLP, Current Attorneys for Third-Party Defendant/Defendant The Maritime Aquarium at Norwalk, Inc., New York, Phyllis Wrann, Esq., Of Counsel.


OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

The instant opinion involves two related actions brought by passengers who suffered injuries when the pontoon boat Conservator capsized on August 23, 1998. In the first action, plaintiffs Nancy Lee Smith, Joshua Osborne, Jonathan Osborne, Thomas Osborne, Kevin McGinn, Erin McGinn, Connor McGinn, Rebecca McGinn, Dawn Hackett, Joseph Pecoraro, Linda Pecoraro and Michael Hurewitz (collectively...

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