Opinion
No. 4D04-1341.
March 2, 2005.
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Karen M. Miller, Judge; L.T. Case No. 2003-CA-4853 AA.
Jill Anne Hillman of M.W. Monroe Associates, P.C., Los Angeles, CA, and David F. Pope of Lau, Lane, Pieper, Conley McCreadie, P.A., Tampa, for appellants.
Richard J. McAlpin and Barbara J. Conner of McAlpin Brais, P.A., Miami, for appellee.
This is a wrongful death action brought by the parents of Jacob Dollar, who was killed in a jet skiing accident. Suit was filed against Waterfront License Corp., d/b/a Club Jet Ski, Anthony Aiello, the company's president, and Gerald Clay Baynham, the owner/operator of the forty-foot vessel with which the decedent collided. We reverse the trial court's grant of summary judgment in favor of Baynham because there remain genuine issues of material fact as to whether Baynham complied with all of the applicable Inland Navigational Rules and whether his actions or inactions were reasonable under the circumstances.
REVERSED AND REMANDED.
FARMER, C.J., and TAYLOR, J., concur.