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IN RE MISSION BAY JET SPORTS, LLC

No. 08-56142.

570 F.3d 1124 (2009)

In re the Matter of the Complaint of MISSION BAY JET SPORTS, LLC; and Robert Adamson, Individually and d/b/a Mission Bay Jet Sports for Exoneration from or Limitation of Liability, Mission Bay Jet Sports, LLC, a California Limited Liability Corporation; Robert Adamson, individually and d/b/a Mission Bay Jet Sports, LLC, Plaintiffs-Appellants, v. Haley Colombo; Jessica Slagel, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 24, 2009.

Attorney(s) appearing for the Case

Sterling J. Stires, Law Offices of Charles S. LiMandri, Rancho Santa Fe, CA, Rocky K. Copley, Law Office of Rocky K. Copley, San Diego, CA, Neil S. Lerner and Arthur A. Severance, Sands Lerner, Los Angeles, CA, for the plaintiffs-appellants.

Thomas L. Tosdal (argued) and Ann M. Smith, Tosdal, Smith, Steiner & Wax, San Diego, CA, for the real parties in interest, defendants-appellees.

Before: PAMELA ANN RYMER and SUSAN P. GRABER, Circuit Judges, and ANN ALDRICH, District Judge.

RYMER, Circuit Judge:

We must decide whether admiralty jurisdiction exists over tort claims by two women who were seriously injured when thrown off a jet-propelled Sea-Doo personal watercraft, allegedly operated negligently, on navigable waters in an area of San Diego's Mission Bay that is reserved for the use of such vessels. The district court thought not, but we believe both the location of the accident and its connection to traditional maritime activity sustain...

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