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SPEED BOAT LEASING, INC. v. ELMER

No. 03-0037.

124 S.W.3d 210 (2003)

SPEED BOAT LEASING, INC. And Paradise Cruises, Inc. v. Doris Graf ELMER.

Supreme Court of Texas.

December 19, 2003.

Attorney(s) appearing for the Case

Tom Hermansen, Carlos Villarreal, Hunt, Hermansen, McKibben & Villarreal, L.L.P., Corpus Christi, for petitioner.

Cary Michael Toland, Allison, Law Firm, Brownsville, Richard Otto Burst, Raymondville, Paul Y. Cunningham, Jr., South Padre Island, Gilberto Hinojosa, State of Texas County Court at Law #1, Cameron County, Brownsville, Dana R. Allison, for respondent.

Jonathan Hull, Reagan Burrus Dierksen, Lamon & Bluntzer, PLLC, New Braunfels, for amicus curiae.

PER CURIAM.

We are asked to determine what standard of care applies to the operator of a fifty-two-foot speedboat which offers pleasure or "thrill" rides in the Gulf of Mexico. The court of appeals held that it should be held to the high standard of care associated with common carriers. 89 S.W.3d 633. We disagree. Our traditional commoncarrier analysis turns on the business of transportation and whether the primary purpose of the...

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