FABEND v. ROSEWOOD HOTELS AND RESORTS, L.L.C.

No. 03-1119.

381 F.3d 152 (2004)

Richard FABEND; Margaret Fabend, Appellants, v. ROSEWOOD HOTELS AND RESORTS, L.L.C.; Caneel Bay, Inc; United States of America, v. Rosewood Hotels and Resorts, L.L.C.; Caneel Bay, Inc., Third-Party Plaintiffs v. United States of America Department of the Interior, National Park Service, Third-Party Defendant.

United States Court of Appeals, Third Circuit.

September 9, 2004.


Attorney(s) appearing for the Case

Vincent A. Colianni, II, (Argued), Colianni and Colianni, Christiansted, St. Croix, for Appellants.

Matthew J. Duensing, (Argued), Michael Fitzsimmons, Stryker, Duensing, Casner & Dollison, Charlotte Amalie, St. Thomas, for Appellees.

Before NYGAARD, BECKER, and STAPLETON, Circuit Judges.


OPINION OF THE COURT

NYGAARD, Circuit Judge.

Richard and Margaret Fabend sued Rosewood Hotels and Resorts, Caneel Bay, Inc., and the United States Department of Interior, National Park Service after Richard was injured while bodysurfing in the Virgin Islands. Fabend settled the claims against the United States, but proceeded in the District Court of the Virgin Islands against the remaining defendants. Fabend claims that the defendants had a duty to warn...

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