United States Eighth Circuit
Boudwin v. Hastings Bay Marina, Inc., 09-2393
In a negligence action for injuries plaintiff sustained when he fell into a hatch in a boat on defendant-marina's premises, summary judgment for defendant is affirmed where: 1) no reasonable jury could find in favor of plaintiff under typical respondeat superior grounds; and 2) no reasonably prudent person would believe the harbor master had the authority to break into a boat, irrespective of his statements to the contrary, which were irrelevant for purposes of the apparent authority inquiry.
Appellate Information
- Decided 08/03/2010
- Published 08/03/2010
Judges
- Kermit E. Bye
Court
- United States Eighth Circuit