Broadley v. Mashpee Neck Marina
|Broadley v. Mashpee Neck Marina|
|Citation||471 F.3d 272|
|Date decided||December 22, 2006|
Mr. Broadley moored his boat at the Mashpee Neck Marina ("Mashpee", a boat dealer in Cape Cod, Massachusetts).1 day, Broadley's foot became trapped between the main dock & the floating dock where his boat was secured. Unfortunately, Broadley injured his ankle and lost the functionality of his ankle for good.
BROADLEY = Plaintiff, Appellant,
MASHPEE NECK MARINA, INC. = Defendant, Appellee.
Broadley sued the marina, Mashpee, for negligence in federal district court in Massachusetts.The district court narrowed the exculpatory clause; Broadley lost in the district court.
Mashpee cited the boilerplate exculpatory clause which Broadley had signed.Broadley cited federal admiralty law, arguing that parties can't completely absolve themselves from ordinary negligence liability.
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