Carolyn Jean, Inc. v. Schmitt

73 F.3d 884 1996 A.M.C. 342 , 64 USLW 2394 , 95 Cal. Daily Op. Serv. 9371, 95 Daily Journal D.A.R. 16 ,335 In the Matter of the Petition of F/V CAROLYN JEAN, INC., for Limitation of or Exoneration From Liability, Petitioner-Appellee, v. Robert J. SCHMITT, for the Estate of Timothy SCHMITT, Claimant-Appellant. No. 94-35583. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 18, 1995. Decided Dec. 11, 1995. Shane C. Carew, Seattle, Washington, for claimant-appellant. Michael H. Williamson and Sarah E. Hall, Madden, Poliak, Macdougall & Williamson, Seattle, Washington, for petitioner-appellee. Appeal from the United States District Court for the District of Alaska. Before: REINHARDT, TROTT, Circuit Judges, and SCHWARZER, * District Judge. OPINION TROTT, Circuit Judge: 1 Timothy Schmitt, a crewman, died when the fishing vessel BARBAROSSA disappeared in the Bering Sea. His estate appeals an order granting summary judgment in favor of the BARBAROSSA's owner, F/V Carolyn Jean, Inc. ("Carolyn Jean"), on the issue of whether Schmitt endured pre-death pain and suffering. This presents us with a close question of the kind one could expect on a law school exam. We…