United States Ninth Circuit

In an appeal from a judgment of the district court granting summary adjudication to defendant in plaintiff's tort action alleging breach of a duty to warn, judgment is affirmed where defendant-cruise liner did not have a duty to warn plaintiff-passenger of the dangers of a nearby beach because the conditions were open and obvious, and where there was no evidence of particularly hazardous conditions or of prior accidents on subject beach where plaintiff's injury occurred.

Appellate Information

• Decided 09/02/2011
• Published 09/02/2011

Judges

• GILMAN

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Thomas A. Geisness, Louis A. Shields