Scheiner

Libelant Robert Scheiner, Jr. has brought action to recover for injuries sustained when he fell from a motorboat owned by defendant Joseph D. McAleese and operated by defendant Robert St. Jovite. Libelant Robert Scheiner, Sr. seeks to recover medical expenses incurred in the treatment of his infant son.

On the morning of August 13, 1957, St. Jovite, 17 years old, borrowed a 14-foot Champion Sabre motorboat powered by a 40-horsepower outboard motor with the permission of the boat’s owner, Mc-Aleese. The boat was capable of seating at least 3 persons comfortably in the cockpit and 2 or 3 others in an open area behind the cockpit. St. Jovite obtained possession of the boat at Nunes Bros, shipyard in Sausalito, California and proceeded to Bauman Bros, pier to pick up three passengers—Robert Scheiner, Jr., 16 years old, Peter Stickney, 16, and Richard Curr. With St. Jovite at the controls, the next few hours were spent pleasure riding on the waters of San Francisco Bay. The three passengers rode in various positions in the cockpit, in the open area behind the cockpit and straddling the bow. They changed places from time to time. Early in the afternoon, the boat returned to Sausalito…