Estate of Lewis

ORDER RE: CLAIMANT’S MOTION FOR DISMISSAL

This is a petition for exoneration from or limitation of liability. The petitioner, the Estate of Glenn Lewis (“Estate”), seeks to avoid or limit its liability to the claimant, Beverly K. Hurst (“Hurst”), in a wrongful death action currently pending in the Superior Court of the State of California, City and County of San Francisco, entitled Beverly K. Hurst v. Saint Francis Yacht Club, et al., Case No. 864-383 (referred to as the “state action”). Jurisdiction is proper pursuant to 46 U.S.C. § 185 and 28 U.S.C. § 1333 . The petition is currently before the court on Hurst’s motion for dismissal for failure to state a claim upon which relief can be granted.

This case arises out of the drowning death of claimant’s spouse, James T. Hurst. James T. Hurst was a member of a party aboard a vessel known as “The Boreas of San Francisco” (referred to as “the vessel”). The other members of the party aboard the vessel were Glenn Lewis, now deceased, and Donald Curran. The vessel left San Francisco and arrived at Tinsley Island in San Joaquin County on September 22,1987. The purpose of the voyage was a pleasure trip to attend a social event sponsored…