In the Matter of the Complaint of JOSEPH ZEITER, 2026 WL 3151117 (E.D. Cal. Oct.21, 2016)
By Arthur A. Crais, Jr., Adjunct Professor
Joseph Zeiter owned a jet-ski which was operated by Amber “Kitty” Westbrook. It came in collision with another vessel injuring Westbrook. Zeiter filed for Limitation of Liability. Westbrook’s counsel moved to dismiss the limitation complaint asserting it was untimely and filed 7 months after Westbrook gave notice to the vessel owner.
Judge Shubb held in favor of the vessel owner noting that the “notice” was merely a letter of representation and request for preservation. It failed to state clearly that the part intended to file suit or assert a legal right against the vessel owner. Absent a clear intent in the letter to hold the vessel owner liable for the injuries, the letter did not start the six months within which the vessel owner has to file for limitation. Hence, the limitation is timely.
A copy of the brief opinion is attached.
