Boy Scouts Of America v. Graham

76 F.3d 1045 1996 A.M.C. 897 , 96 Cal. Daily Op. Serv. 1031 , 96 Daily Journal D.A.R. 1726 BOY SCOUTS OF AMERICA; Mount Diablo Silverado Council; M/V St. Ambrose; Explorer/Sea Scout Post 248, Plaintiffs-Appellees, v. Patrick Sean GRAHAM, Claimant-Appellant, and William Brazil, Claimant. No. 94-16609. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 4, 1995. Decided Feb. 15, 1996. 1 David J. McMahon, Barger & Wolen, San Francisco, California, for plaintiffs-appellees. 2 Joseph W. Klobas, Law Office of Joseph W. Klobas, Santa Barbara, California, for claimant-appellant. 3 Appeal from the United States District Court for the Northern District of California, Marilyn H. Patel, District Judge, Presiding. 4 Before: GOODWIN and REINHARDT, Circuit Judges, and KING, District Judge. * SAMUEL P. KING, Senior District Judge: 5 Patrick Graham ("Graham") appealed from the summary judgment granted to the vessel owner and owner pro hac vice in their action for exoneration and limitation of liability. Graham was an adult volunteer and "mate" on an outing with the Sea Explorers, a nautical troop of boy scouts. Graham was injured when he dove into shallow water to swim to…