Chan
Chan v. Society Expeditions, Inc.
Opinion
Lead Opinion
Goodwin, J.
ORDER
The opinion filed July 27, 1994, slip op. 8417, is amended as follows: [Editor’s Note: Amendments incorporated for purposes of publication].
With the opinion thus amended, the panel has voted unanimously to deny the petitions for rehearing. Judge Schroeder has voted to reject the suggestion for rehearing en banc, Judges Goodwin and Norris so recommend.
The full court has been advised of the suggestion for rehearing en banc and no active judge has requested a vote on whether to rehear the matter en banc. Fed.RApp.P. 35.
The petitions for rehearing are DENIED and the suggestion for rehearing en banc is REJECTED.
OPINION
Benny Chan, his wife, Victoria Chan, and their three children, including their daughter, Samantha, (collectively referred to as the “Chans”), appeal the dismissal of their damages action against Society Expeditions and Discoverer Reederei GmbH. The Chans assert personal injury and related claims against the defendants in connection with the capsizing of an inflatable raft which ferried Benny and Samantha Chan from a cruise ship to an atoll in the South Pacific, near Tahiti.
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