United States District Court for the District of Alaska Territory
23 F.R.D. 279 (D. Alaska Terr. 1959)
A large navigation aid maintained by the United State Coast Guard sank and disappeared in the Wrangell Narrows near Petersburg, Alaska. The Coast Guard issued a bulletin informing seamen that it had conducted dragging operations and the navigation aid “was not present above the contour of the natural bottom of” the channel. Nevertheless, Otness’s (plaintiff) ship collided with the navigation aid. Otness sued the United States government (defendant) under the Federal Tort Claims Act, alleging that the Coast Guard’s negligence in issuing the bulletin proximately caused the damage to his ship. At the close of evidence, Otness moved for leave to amend his complaint under Federal Rule of Civil Procedure (FRCP) 15(b) to add a claim of “willful, wanton, or reckless” conduct by the Coast Guard, arguing that adding the additional claim could not prejudice the government on the ground that its defense to negligence was equally applicable to claims of willfulness, wantonness, or recklessness.
Rule of Law
Holding and Reasoning (Kelly, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.