Hechinger v. Caskie

890 F.2d 202 1990 A.M.C. 765 In the Matter of the Complaint of Glenn R. HECHINGER, as Charterer and Owner Pro Hac Vice of the TRAWLER WYNN D II for Exoneration from or Limitation of Liability, Glenn R. HECHINGER, Plaintiff-Appellee, v. Stewart CASKIE, Defendant-Appellant. No. 88-2525. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 13, 1989. Decided Nov. 27, 1989. Lyle C. Cavin, Jr., San Francisco, Cal., for defendant-appellant. Terence S. Cox, Derby, Cook, Quinby & Tweedt, San Francisco, Cal., for plaintiff-appellee. Appeal from the United States District Court for the Northern District of California. Before NORRIS, BEEZER and BRUNETTI, Circuit Judges. BRUNETTI, Circuit Judge: I. OVERVIEW 1 Appellant, Stewart Caskie, appeals the district court's ruling in favor of appellee, Glenn R. Hechinger. Appellee, owner pro hac vice of the vessel WYNN D II, petitioned for exoneration from or limitation of liability under the Limitation of Liability Act (46 U.S.C.App. Sec. 183) for injuries caused when high breaking waves suddenly surrounded his vessel, and ultimately caused it to sink. Appellant suffered back injuries when the force of the sea threw him to the…