MacDonald v. Kahikolu, Ltd., No. 08-15239 - U.S. Ninth Circuit
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MacDonald v. Kahikolu, Ltd., No. 08-15239

In a personal injury action based on injuries plaintiff suffered while diving from defendant's ship, judgment for defendant is affirmed where the rule from The Pennsylvania, 86 U.S. (1 Wall.) 125 (1873), which puts on the ship owner the burden of proving that its violation of a statute or regulation did not cause the injury, did not apply because there must be a threshold causal connection between the violation and the injury before the Rule will apply.

Read MacDonald v. Kahikolu, Ltd., No. 08-15239

Appellate Information

Argued and Submitted June 12, 2009

Filed September 10, 2009

Judges

Opinion by Judge B. Fletcher

Counsel

For Appellant:

John R. Hillsman, McGuinn, Hillsman & Palefsky, San Francisco, CA

For Appellee:

Richard C. Wootton, Cox, Wootton, Griffin, Hansen & Poulos, LLP, San Francisco, CA

Mitchell S. Griffin, Cox, Wootton, Griffin, Hansen & Poulos, LLP, San Francisco, CA