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Civil Procedure Keyed to Cross
Rainbow Management Group, Ltd. v. Atlantis Submarines Hawaii, L.P.
Citation:
158 F.R.D. 656 (1994)Facts
On January 27, 1992, RMG’s vessel Elua was ferrying passengers to Atlantis’s submarine Atlantis X when it collided with Haydu’s Boston Whaler. The Boston Whaler was destroyed, and several passengers suffered injuries. The Elua was damaged and required repairs. A passenger from the Boston Whaler, George Berry, sued both Atlantis and RMG. In that lawsuit, Atlantis filed a cross-claim against RMG for breach of contract and contribution/indemnity. RMG responded with a cross-claim against Atlantis for contribution and indemnity but did not assert its claim for damage to the Elua. RMG later filed a separate lawsuit seeking recovery for damage to the Elua and loss of its use resulting from the collision. RMG attempted to consolidate this lawsuit with the Berry case, but the motion was denied due to delay and potential prejudice to opposing parties.
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