DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
083144P.pdf 10/21/2009 Daniel Doyle v. Leland Graske
U.S. Court of Appeals Case No: 08-3144
District of Nebraska - Omaha
[PUBLISHED] [Colloton, Author, with Loken, Chief Judge, and
Hansen, Circuit Judge
Civil case - Admiralty. This opinion amends the court's September 2,
2009 opinion.
083144P.pdf 09/02/2009 Daniel Doyle v. Leland Graske
U.S. Court of Appeals Case No: 08-3144
District of Nebraska - Omaha
[PUBLISHED] [Colloton, Author, with Loken, Chief Judge, and
Hansen, Circuit Judge]
Civil case - Admiralty. Substantial evidence supported the district
court's determination that defendant breached a duty of reasonable care to
plaintiff by bringing his boat to planing speed when plaintiff was in a
position of danger; neither did the court err in finding that defendant's
negligence in operating the boat was a proximate and substantial cause of
plaintiff's injuries; there is no well-settled admiralty rule authorizing
loss-of-consortium damages for spouses of nonseafarers negligently injured
beyond the territorial waters of the U.S., and the district court erred in
awarding plaintiff's spouse damages for loss of consortium.