GIBBONEY v. WRIGHT

No. 73-3577.

517 F.2d 1054 (1975)

Phil GIBBONEY, as owner of the SAILBOAT LOVE MACHINE in an action for exoneration from or limitation of liability, Petitioner-Appellee-Cross-Appellant, v. Carol WRIGHT and her minor children, Forest and Simeon Wright, Respondents-Appellants-Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

August 22, 1975.


Attorney(s) appearing for the Case

John M. Brumbaugh, Miami, Fla., for respondents-appellants.

George O. Mitchell, Miami, Fla., for petitioner-appellee.

Before BROWN, Chief Judge, and AINSWORTH and DYER, Circuit Judges.


BROWN, Chief Judge:

This appeal attacks the District Court's order granting limitation of liability to an owner of a sailing vessel on the grounds that the owner had privity or knowledge of the defect which gave rise to the injury. The shipowner, in turn, appeals from the order denying exoneration. We affirm.

In February of 1971 Phil Gibboney placed an order with Raymond Creekmore for the construction of a thirty foot racing sloop, named, of all things, the...

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