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SAMUELS v. HOLLAND AMERICAN LINE-USA INC.

No. 10-35933.

656 F.3d 948 (2011)

Gerald E. SAMUELS, Plaintiff-Appellant, v. HOLLAND AMERICAN LINE-USA INC.; Hal Nederland NV Corp.; Holland American Line NV; Holland America Line Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 2, 2011.

Attorney(s) appearing for the Case

Thomas A. Geisness , The Geisness Law Firm, P.S., Seattle, WA, Robert A. Clough , The Geisness Law Firm, P.S., Seattle, WA, (on briefs) for the plaintiff-appellant.

Louis A. Shields , Nielsen Shields, PLLC, Seattle, WA, for the defendant-appellee.

Before: RONALD LEE GILMAN, RICHARD R. CLIFTON, and N.R. SMITH, Circuit Judges.

OPINION

GILMAN, Senior Circuit Judge:

Gerald E. Samuels and his children were passengers on a seven-day cruise with the Holland American Line. During the time that the cruise ship was anchored in Cabo San Lucas on Mexico's Baja Peninsula, the Samuels family visited the nearby Lover's Beach on their own. Samuels was seriously injured by turbulent wave action while in the Pacific Ocean at that location. He sued Holland American, alleging that the cruise line...

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