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HOZHAUER v. GOLDEN GATE BRIDGE HIGHWAY & TRANSP.

Nos. 16-15942, 16-15974.

899 F.3d 844 (2018)

Mary HOLZHAUER, Individually and as the Personal Representative of Harry Holzhauer, deceased, Plaintiff-Counter-Defendant-Appellant, v. GOLDEN GATE BRIDGE HIGHWAY & TRANSPORTATION DISTRICT, a governmental entity, Defendant, and David P. Rhoades, an Individual, Defendant-Counter-Claimant-Appellee. Mary Holzhauer, Individually and as the Personal Representative of Harry Holzhauer, deceased, Plaintiff-Counter-Defendant, v. Golden Gate Bridge Highway & Transportation District, a governmental entity, Defendant-Cross-Defendant-Cross-Claimant-Appellant, David P. Rhoades, an Individual, Defendant-Cross-Defendant-Cross-Claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 10, 2018.

Attorney(s) appearing for the Case

Edward M. Bull III (argued) and Kurt Micklow , Brodsky Micklow Bull & Weiss LLP, Alameda, California, for Plaintiff-Counter-Defendant-Appellant.

David E. Russo (argued) and Matthew W.J. Johnston , Lewis Brisbois Bisgaard & Smith LLP, San Francisco, California, for Defendant-Appellant.

John D. Giffin (argued) and Francesca M. Lanpher , Keesal Young & Logan, San Francisco, California; Lindsay McKasson (argued) and Philip R. Weltin (argued), Weltin Streb & Weltin LLP, Oakland, California; for Defendant-Counter-Claimant-Appellee.

Before: Mary M. Schroeder and Ronald M. Gould, Circuit Judges, and Miranda M. Du, District Judge.

OPINION

These two related appeals arise from a tragic and fatal boating accident when a recreational speedboat crashed into a passenger ferry. Harry Holzhauer (Mr. Holzhauer) was driving his life-long friend Defendant David Rhoades's speedboat. Mr. Holzhauer was looking in the opposite direction of where the speedboat...

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