California Court of Appeal

Judgment entered against defendant-vessel owner for maritime wrongful death on the basis that he was in a joint venture with defendant-trip operator is reversed, where: 1) the existence of a joint venture was not alleged in plaintiff's complaint; 2) it was not an issue litigated at trial; 3) the jury was not instructed on joint venture liability; 4) the special verdict form asked no questions concerning the existence of a joint venture; and 5) the trial evidence did not establish that as a matter of law defendant-vessel owner and defendant-trip operator were in a joint venture.

Appellate Information

• Decided 02/13/2013
• Published 02/13/2013

Judges

• O‘LEARY

Court

• California Court of Appeal

Counsel