Opinions of the United 1994 Decisions States Court of Appeals for the Third Circuit 11-17-1994 Calhoun v. Yamaha Motor Corp., et al. Precedential or Non-Precedential: Docket 93-1736 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_1994 Recommended Citation "Calhoun v. Yamaha Motor Corp., et al." (1994). 1994 Decisions. Paper 194. http://digitalcommons.law.villanova.edu/thirdcircuit_1994/194 This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 1994 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.  UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________________ NOS. 93-1736 and 93-1737 _____________________ LUCIEN B. CALHOUN; ROBIN L. CALHOUN, individually and as Administrators of the Estate of Natalie K. Calhoun, deceased v. YAMAHA MOTOR CORPORATION, U.S.A.; YAMAHA MOTOR CO., LTD.; PALMAS DEL MAR COMPANY; PALMAS DEL MAR, INC.; PALMAS YACHT CLUB, INC.; MARINA DE PALMAS YACHT CLUB, INC.; MAXXAM PROPERTIES, INC.; ABC CORPORATION; XYZ PARTNERSHIP(S); CANDELERO HOTEL CORPORATION; MARINA DE PALMAS SHIPYARD, INC. Yamaha Motor Corporation, U.S.A. and Yamaha Motor Company, Ltd., Appellants in No. 93-1736 LUCIEN B. CALHOUN; ROBIN L. CALHOUN, individually and as Administrators of the Estate of Natalie K. Calhoun, deceased, Appellants in No. 93-1737 v. YAMAHA MOTOR CORPORATION, U.S.A.; YAMAHA MOTOR CO., LTD.; PALMAS DEL MAR COMPANY; PALMAS DEL MAR, INC.; PALMAS YACHT CLUB, INC.; MARINA DE PALMAS YACHT CLUB, INC.; MAXXAM PROPERTIES, INC.; ABC CORPORATION; XYZ PARTNERSHIP(S); CANDELERO HOTEL CORPORATION; MARINA DE PALMAS SHIPYARD, INC. _____________________________ On Appeal From the United States District Court For the Eastern District of Pennsylvania (D.C. Civ. No. 90-04295) _____________________________ Argued: April 13, 1994  Before: BECKER, MANSMANN and SCIRICA, Circuit Judges. (Opinion Filed November 2, 1994) ______________________________ ORDER AMENDING OPINION _______________________________ BECKER, Circuit Judge. The opinion in the above-captioned case filed November 2, 1994 is amended as follows: 1. On page 4, first line under Part I, the words "with her parents" are deleted. 2. On page 15, the second sentence should now read: "The harshness of this rule prompted reaction from the federal judiciary and from Congress." 3. The word "nonpecuniary" is deleted on page 20, second line from bottom of page. 4. On page 30, footnote 29 should now read: We have alternated in our discussion between the terms "recreational boaters" and non- seamen, and we mean to sue the terms interchangeably. We do not mean to intimate that crew members of a vessel such as a racing yacht should necessarily be treated differently than someone in Natalie Calhoun's position. The applicable remedy depends on whether such crew members fall within the Jones Act as seamen. BY THE COURT, /s/ Edward R. Becker Circuit Judge DATED: November 17, l994