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SIMMONS v. WARE

No. G045886, G046287.

213 Cal.App.4th 1035 (2013)

153 Cal. Rptr. 3d 178

SARA MICHELLE SIMMONS, as Special Administrator, etc., Plaintiff and Respondent, v. CHAD WARE, Defendant and Appellant.

Court of Appeals of California.

February 13, 2013.

Attorney(s) appearing for the Case

Harrington, Foxx, Dubrow & Canter, Daniel E. Kenney and John D. Tullis for Defendant and Appellant.

McGuinn, Hillsman & Palefsky and John R. Hillsman for Plaintiff and Respondent.

OPINION

O'LEARY, P. J. —

Chad Ware appeals from the judgment entered against him in this maritime wrongful death action. Ware owned a vessel that was being used for a live onboard marine education program for students. The decedent, an adult chaperone on the trip, drowned while "free-diving" during a daytime excursion off of the ship conducted by the operators of the educational program. The jury returned a special verdict finding the...

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