[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
September 26, 2008
No. 08-10924 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 06-00234-CV-3-MCR-MD
IN RE: In The Matter of Backcountry Outfitters, Inc.,
a Florida Corporation as owner of a 2002
22' Cape Horn motor vessell named Backcountry
bearing hull identification No. FAB22047E202,
__________________________________________________
LARRY MCFERREN,
Respondent-Third-Party-
Plaintiff-Appellant,
versus
JASON MICHAEL DUDLEY,
Third-Party-Defendant,
versus
IN THE MATTER OF BACKCOUNTRY OUTFITTERS, INC.,
a Florida corporation as owner of a 2002 22'
Cape Horn motor vessell named Backcountry
bearing hull indentification No. FAB22047E202,
Third-Party-Defendant-
Appellee.
________________________
Appeal from the United States District Court
for the Northern District of Florida
_________________________
(September 26, 2008)
Before TJOFLAT, BLACK and PRYOR, Circuit Judges.
PER CURIAM:
Larry McFerren, who suffered personal injuries in a boating accident,
appeals a post-trial judgment of limitation of liability in favor of Backcountry
Outfitters, Inc., the owner of the vessel involved in the accident. Because the
district court did not clearly err in its findings that the vessel was seaworthy and
the negligence of the captain was not within the privity or knowledge of the owner,
we affirm.
McFerren contends that the vessel was unseaworthy for having inadequate
equipment and an incompetent crew and the accident was within the privity or
knowledge of Backcountry, but we disagree. The findings of the district court that
the vessel “was outfitted with all safety equipment that was required by the U.S.
Coast Guard for bay and in-shore use” and that the licensed and experienced
captain was competent are supported by the record. The findings of the district
court that the accident was caused by the captain’s navigational error, which was
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not within the privity or knowledge of the owner, is also not clearly erroneous.
The judgment of limitation of liability in favor of Backcountry is
AFFIRMED.
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