Prince

OPINION FOR JUDGMENT

I.

This action arises from a boating accident. Although there is conflicting evidence about many aspects of the accident and its consequences, certain basic facts of the occurrence are not in material dispute.

Plaintiff was a sea urchin fisherman. He performed his occupation by diving to gather urchins on the bottom of the ocean, with his air supply being provided by a hose connected to an air compressor on his boat. At the time of the accident, plaintiffs boat was anchored in Point Area Cove, and plaintiff was in the water, beneath the surface, gathering urchins. Two other urchin boats were anchored in the area, with plaintiffs boat being the furthest west.

Defendant was operating an inflatable boat, powered by an outboard motor. He and two companions, together with their equipment, were in the boat to go scuba diving. Defendant left the pier at Point Arena Cove for the purpose of going west, and then north around the point of land that forms the cove, to their intended diving area. While doing so, defendant’s boat entangled plaintiffs air line, dragging him along some rocks below the surface and pulling him abruptly to the surface.

II.

Plaintiff brings…