Opinions of the United 1994 Decisions States Court of Appeals for the Third Circuit

11-17-1994

Calhoun v. Yamaha Motor Corp., et al. Precedential or Non-Precedential:

Docket 93-1736

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Recommended Citation "Calhoun v. Yamaha Motor Corp., et al." (1994). 1994 Decisions. Paper 194. http://digitalcommons.law.villanova.edu/thirdcircuit_1994/194

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NOS. 93-1736 and 93-1737 _____________________

LUCIEN B. CALHOUN; ROBIN L. CALHOUN, individually and as Administrators of the Estate of Natalie K. Calhoun, deceased

v.

YAMAHA MOTOR CORPORATION, U.S.A.; YAMAHA MOTOR CO., LTD.; PALMAS DEL MAR COMPANY; PALMAS DEL MAR, INC.; PALMAS YACHT CLUB, INC.; MARINA DE PALMAS YACHT CLUB, INC.; MAXXAM PROPERTIES, INC.; ABC CORPORATION; XYZ PARTNERSHIP(S); CANDELERO HOTEL CORPORATION; MARINA DE PALMAS SHIPYARD, INC.

Yamaha Motor Corporation, U.S.A. and Yamaha Motor Company, Ltd., Appellants in No. 93-1736

LUCIEN B. CALHOUN; ROBIN L. CALHOUN, individually and as Administrators of the Estate of Natalie K. Calhoun, deceased,

Appellants in No. 93-1737

v.

YAMAHA MOTOR CORPORATION, U.S.A.; YAMAHA MOTOR CO., LTD.; PALMAS DEL MAR COMPANY; PALMAS DEL MAR, INC.; PALMAS YACHT CLUB, INC.; MARINA DE PALMAS YACHT CLUB, INC.; MAXXAM PROPERTIES, INC.; ABC CORPORATION; XYZ PARTNERSHIP(S); CANDELERO HOTEL CORPORATION; MARINA DE PALMAS SHIPYARD, INC. _____________________________

On Appeal From the United States District Court For the Eastern District of Pennsylvania (D.C. Civ. No. 90-04295) _____________________________ Argued: April 13, 1994 Before: BECKER, MANSMANN and SCIRICA, Circuit Judges.

(Opinion Filed November 2, 1994)

______________________________

ORDER AMENDING OPINION _______________________________

BECKER, Circuit Judge. The opinion in the above-captioned case filed November

2, 1994 is amended as follows:

1. On page 4, first line under Part I, the words

"with her parents" are deleted.

2. On page 15, the second sentence should now read: "The harshness of this rule prompted reaction from the federal judiciary and from Congress."

3. The word "nonpecuniary" is deleted on page 20,

second line from bottom of page.

4. On page 30, footnote 29 should now read: We have alternated in our discussion between the terms "recreational boaters" and non- seamen, and we mean to sue the terms interchangeably. We do not mean to intimate that crew members of a vessel such as a racing yacht should necessarily be treated differently than someone in Natalie Calhoun's position. The applicable remedy depends on whether such crew members fall within the Jones Act as seamen.

BY THE COURT,

/s/ Edward R. Becker Circuit Judge

DATED: November 17, l994