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IN RE RJF INTERN. CORP. FOR EXONERATION

No. 03-1696.

354 F.3d 104 (2004)

Petition of RJF INTERNATIONAL CORPORATION FOR EXONERATION FROM OR LIMITATION OF LIABILITY, Civil and Maritime.

United States Court of Appeals, First Circuit.

Decided January 8, 2004.

Attorney(s) appearing for the Case

Thomas E. Clinton with whom Clinton & Muzyka, P.C. was on brief for petitioner, appellant RJF International Corporation.

Howard B. Klein with whom John S. Foley and Decof & Decof were on brief for claimant, appellee Kimberly Moody Hanna, as legal guardian of James Avery.

Before BOUDIN, Chief Judge, SELYA, Circuit Judge, and STAHL, Senior Circuit Judge.

BOUDIN, Chief Judge.

On August 11, 2001, James Avery, then 18 years old, was employed on the M/V Reflections, a yacht docked in Newport, Rhode Island. In the course of his duties, he fell from the yacht, struck his head on the dock, and fell into the water. Before his rescue, he spent 7 to 10 minutes under water. The result was anoxic brain injury — anoxic refers to the lack of oxygen — so severe that his life was despaired of.

By the time of...

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