United States Ninth Circuit

The primary duty rule precluded a vessel captain's estate from recovering from a vessel owner, where the captain had knowledge of the vessel's unseaworthiness and failed to respond to or correct those conditions prior to its capsizing.

Appellate Information

• Argued 06/13/2002
• Decided 08/07/2002
• Published 08/07/2002

Judges

• Before B. FLETCHER and GOULD, Circuit Judges, and MURGUIA, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael A. Barcott and Nina M. Mitchell, Holmes, Weddle & Barcott, Seattle, WA, for the claimant-appellant.


• For Appellees:
  
• Donald P. Marinkovich, LeGros, Buchanan & Paul, Seattle, WA, for the plaintiff-appellee.