Barber

Barber v. Marina Sailing, Inc.

Good Law
1995 Cal. App. LEXIS 615·36 Cal. App. 4th 558·42 Cal. Rptr. 2d 697·95 Daily Journal DAR 8879·1995 A.M.C. 2200
Court of Appeal of CaliforniaJuly 5, 1995B084053California5,692 words

Opinion

Opinion

Perez, J.

Plaintiff Robert Barber appeals from the summary judgment granted for defendants Marina Sailing, Inc., Harold Crum, Mike Jones, Moore and Associates and Larry Moore. For the reasons set forth below, we reverse the judgment.

Facts and Procedural History

Plaintiff and appellant Robert Barber (Barber) is a highly experienced sailor. On August 25,1992, at the invitation of his girlfriend, Barber boarded the 42-foot sailing ship Angela for a pleasure cruise around the Long Beach Harbor area which was sponsored by the girlfriend’s employer, defendant and respondent Moore and Associates. The ship was owned by defendant and respondent Harold Crum and had been chartered by Moore and Associates from defendant and respondent Marina Sailing, Inc. The skipper was defendant Mike Jones.

There had been some discussion about an informal race between the Angela and another boat. Because of Barber’s extensive experience, he was asked and agreed to help out as a crewmember. When the Angela was ready to leave the dock, Barber stood at the bow waiting to release the dock lines. Jones, who was at the helm, was busy talking to some women. He engaged the ship’s engine in reverse without…

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