Seven Resorts, Inc., Dba Bridge Bay Resort v. James Arthur Cantlen Delta Upsilon, an Unincorporated Fraternal Organization Stacey Lynn Epping
Opinion
Opinion
Gibson, J.
Appellant Seven Resorts, Inc., a Nevada corporation, appeals the district court’s dismissal for lack of subject matter jurisdiction of its petition in admiralty for indemnification pursuant to a rental contract and limitation of liability under 46 U.S.C. § 183 (1988). We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 (1988), and we affirm.
I. FACTS
On May 7,1992, Appellee James Cantlen, a member of the Delta Upsilon fraternity, rented a houseboat on Lake Shasta from Appellant Seven Resorts. Cantlen signed a rental contract whereby he agreed to be responsible for the safe operation of the houseboat and to hold Seven Resorts harmless from any liability arising out of his rental of the boat. Later that afternoon on Lake Shasta, Cantlen attempted to back the boat up while its engines were running. Unfortunately, Appellee Stacey Epping was swimming behind the boat. As the boat reversed, the propeller blades struck Epping, causing her serious injury.
On January 13, 1993, Epping filed suit in Shasta County Superior Court against Seven Resorts and James Cantlen, among others. On August 2, 1993, Seven Resorts filed an amended complaint in admiralty in the United States…