Otis Felder (Partner-San Francisco) secured exoneration and the dismissal of all claims in the United States District Court for the Eastern District of California, Sacramento, for Wilson Elser’s client, a sports equipment rental company. The plaintiff was injured while attempting to board an inboard ski boat after tubing when her future relative engaged the throttle, resulting in a severe foot injury for which the doctors recommended amputation. The vessel was owned and rented out by our client’s company.

Otis petitioned the federal court to limit our client’s liability to the value of the vessel or for exoneration from liability. The plaintiff, her daughter, her fiancé who rented the boat, and his daughter filed claims in the federal LOLA proceedings and claimed damages in a companion state court filing, which the federal court stayed. Otis pursued enforcement of the indemnity provisions in the rental contract against the renter, including the express duty by the renter to defend. The federal court approved the dismissal of all the claims and issued an order exonerating the rental company. The state court claims were also dismissed, with Wilson Elser’s client avoiding a last demand of $20 million.