Taghadomi v. United States

401 F.3d 1080, 2005 AMC 958 (2005)

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Taghadomi v. United States

United States Court of Appeals for the Ninth Circuit
401 F.3d 1080, 2005 AMC 958 (2005)

Facts

Manouchehr Taghadomi and his wife, Nahid Davoodabadi, went kayaking in Hawaii on their honeymoon and encountered rough weather. According to Taghadomi’s account, Davoodabadi was thrown from the kayak and attacked and killed by a shark. Taghadomi made his way to safety on an island. A witness on land saw the kayak foundering and called the United States Coast Guard, which began a search. The search was initially unsuccessful and was called off. Taghadomi was rescued from the island three days later. Taghadomi sued Extreme Sports Maui (defendant), the company that had rented him the kayak. Taghadomi then amended his complaint to bring a Federal Tort Claims Act (FTCA) claim against the United States (defendant) alleging that the Coast Guard had been negligent. The United States moved for summary judgment, asserting that Taghadomi’s claims were not cognizable. The court granted summary judgment to the United States. Taghadomi settled with Extreme Sports Maui and appealed the grant of summary judgment for the United States.

Rule of Law

Issue

Holding and Reasoning (O’Scannlain, J.)

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