Grant Of Judgment Notwithstanding The Verdict Reversed.

A ship used for marine education was having a live-on-board program when an adult drowned after “free-diving” off the ship. A jury returned a verdict finding liability on the part of the ship’s operator, but no negligence on the part of the ship’s owner. The trial judge made a post-jury verdict finding there was uncontroverted evidence the ship’s owner and the ship’s operator were in a joint venture, making the ship’s owner liable for the operator’s negligence. The judge granted plaintiff’s motion for judgment notwithstanding the verdict. The appellate court reversed, stating: “The existence of a joint venture was not alleged in plaintiff’s complaint, it was not litigated at trial, the jury was not instructed on joint venture liability, and the special verdict form asked no questions concerning the existence of a joint venture.  Moreover, the trial evidence did not establish that as a matter of law [the ship’s owner] and the trip operator were in a joint venture.”  Simmons v. Ware  (Cal. App. Fourth Dist., Div. 3; February 13, 2013) 213 Cal.App.4th 1035.