IN RE ARAMARK LEISURE SERVICES

No. 07-4120.

523 F.3d 1169 (2008)

In re ARAMARK LEISURE SERVICES, as owner of a certain 1997 19' Mirage Runabout for exoneration from or limitation of liability, Plaintiff, v. Charles F. Kendrick, Claimant/Third Party Plaintiff-Appellee, v. Albany Insurance Company, Third Party Defendant-Appellant, Traci A. Sevy, Claimant-Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

April 21, 2008.


Attorney(s) appearing for the Case

Patrick J. Corbett, Rubin, Fiorella & Friedman, LLP, New York, N.Y. (C. Richard Henriksen, Jr., Henriksen & Henriksen, Salt Lake City, UT, with him on the briefs), for Third Party Defendant-Appellant.

John W. Holt, (Linette B. Hutton with him on the brief), Winder & Haslam, PC, Salt Lake City, UT, for Claimant/Third Party Plaintiff-Appellee.

Mark T. Ethington, Larson, Turner, Dalby & Ethington, L.C., South Jordan, UT, for Claimant-Amicus Curiae.

Before BRISCOE, and GORSUCH, Circuit Judges, and PARKER, District Judge.


BRISCOE, Circuit Judge.

After renting a boat from Aramark Leisure Services ("Aramark"), Charles Kendrick was involved in a boating accident. Faced with potential damage claims from Kendrick and his co-passenger, Aramark brought a special proceeding in federal district court under the Limitation of Vessel Owner's Liability Act, 46 U.S.C. § 30501 et seq.1 As part of that proceeding, Kendrick filed a claim against Aramark, and...

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