No specific laws identified for this ruling.
Court affirmed summary judgment in favor of Anchor Pointe Marina on plaintiffs' claims for boat damage and dock space loss, but reversed on the personal injury claim regarding the open and obvious defense, remanding for trial.
Out of court statement of a deceased office worker is not hearsay where it was an admission of a party opponent made by a servant of appellee during the course of her employment. Genuine issue of material fact exists whether appellee agreed to remove the drain plugs from appellants' boat where the office worker told appellants, "We'll take care of it," and "We got it winterized, shored, everything's taken care of." Premises liability claim must fail where appellant had actual knowledge of the hazard.
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