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· 2/23/1990

In the Matter of Michael Guglielmo for Exoneration From or Limitation of Liability. Jeanne M. Kroemer, Claimant-Appellant v. Michael Guglielmo

Citations

  • 897 F.2d 58
  • 1990 A.M.C. 1191
  • 1990 U.S. App. LEXIS 2881

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding issue of material fact whether operator of boat was incompetent where he drank beer before going out on the boat, was not looking where he was going at the time of the accident, and had been stopped previously for speeding by a bay constable
  • “Guglielmo was not present at the accident and therefore did not have knowledge or privity regarding negligent acts.”
  • “Boat owners may not assume that would-be operators are competent until proven otherwise.”
  • “[I]gnorance of a reason to suspect incompetence is not enough. Moreover, it is not enough for a boat owner to harbor a subjective belief that an operator is competent. That belief must be based on evidence of competence that renders the belief objectively reasonable.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lumbard, Newman, Winter

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.