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GRINDLE v. FUN CHARTERS, INC.

Civil No. 95-00889 ACK.

962 F.Supp. 1284 (1996)

Louanna GRINDLE et al., Plaintiffs, v. FUN CHARTERS, INC., Magic Island Sports, Inc., Defendants.

United States District Court, D. Hawai`i.

December 31, 1996.

Attorney(s) appearing for the Case

John R. Hillsman, Keith A. Ehrman, San Francisco, CA, Howard G. McPhearson, Law Offices of Howard G. McPhearson, Honolulu, for Plaintiffs.

David W. Proudfoot, Belles Graham & Proudfoot, Lihue, for Defendants.

ORDER DENYING PLAINTIFFS' MOTION FOR JUDGMENT ON THE PLEADINGS

BACKGROUND

KAY, Chief Judge.

This order concerns an obtuse legal question arising out of a tragedy.

On November 1, 1994, Victor Grindle ("Grindle") and his wife Louanna went on an excursion voyage from Kaanapali, Maui. During the voyage, Mr. and Mrs. Grindle entered the water to snorkel. Mr. Grindle experienced grave difficulty in the water and subsequently died...

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